APPLICATION OF EXCLUSIONARY RULE AND INTERPRETATION OF RIGHT TO PRIVACY BY INDIAN JUDICIARY

Abstract

This research is conducted analysing the judgment of the nine-bench Supreme Court decision in Justice K.S. Puttaswamy (Retd) V. Union of India with specific reference to the Doctrine of Fruit of Poisonous rule (Exclusionary rule). This rule has been held to be an intrinsic part of the Right to privacy by the various court all across the globe in many jurisdictions. The conflict in front of the court, the way courts have dealt with such conflict and the need to address such conflict. This paper talks about the historical perspective of this doctrine, views taken by the Indian courts prior to the judgment rendered in K.S. Puttaswamy, the views taken post-K.S. Puttaswamy, the departure from the consequentialist approach and the positive and negative implication of this doctrine. A specific reference has been made to the 94th Law Commission Report, which gave the recommendation to insert a new provision in the Indian Evidence act.