Abstract
The doctrine of fruits of the poisonous tree is a foundational legal principle concerning evidence obtained through illegal means. It asserts that the tainted nature of unlawfully acquired evidence extends to any subsequent evidence derived from it, rendering it inadmissible in court. This metaphorical concept, likening the unlawful evidence to toxic fruit from a corrupted tree, vividly illustrates the enduring stain of illegality in legal proceedings. Despite its importance, India currently lacks explicit legislation addressing this doctrine, leaving a gap in the legal framework. The origins of this doctrine can be traced back to the exclusionary rule in evidence, which indirectly relates to Section 5 of the Indian Evidence Act. This section deals with the relevance of evidence in court proceedings, indirectly influencing the application of the doctrine. However, the absence of specific legislative provisions leaves room for interpretation and inconsistency in its application. To provide a comprehensive understanding, the research paper delves into the historical evolution of this principle, examining various judicial interpretations over time. Furthermore, it critically assesses the impact of privacy rights on the doctrine’s application, considering the evolving landscape of privacy laws and their implications for evidentiary rules. In addition to analysing the domestic context, the research paper also investigates how other countries and international organizations perceive and manage this doctrine. By exploring comparative perspectives, valuable insights can be gained into potential best practices and areas for improvement. In conclusion, the paper advocates for the indispensability of this doctrine and calls for clearer judicial and legislative directives in India. By offering thorough insights and recommendations, the research aims to advance the discourse surrounding the doctrine of fruits of the poisonous tree, contributing to the development of a more robust and equitable legal framework.
Keywords: Tree, Fruit, Evidence, Poisonous, Privacy, Illegal, Inadmissible, New laws
Introduction
The concept known as the “fruit of the poisonous tree” is akin to the exclusionary rule in evidence law.Although this doctrine is connected with exclusionary rule still it has wider scope. While exclusionary principle only exclude evidence obtained in violation of constitution provision, this doctrine excludes all types of illegally obtained evidence. It holds that evidence obtained through unlawful actions such as arrest, search, or seizure cannot be used in court. Courts exclude such evidence during trial, preventing the state from utilizing it. The evidence can be physical evidence, including drugs or weapons, and any information that was obtained from a suspect during a police interrogation under illegal way. This Doctrine simply means that if the means is corrupted/tainted then there is no use of outcome/result, in other words if the source(tree) is poisonous, it is inevitable the result(fruit) will also contain poison in it. An example illustrating this concept could involve a scenario where an individual is accused of recording private videos of someone, and the incriminating video is found on their phone by the police, who forcibly seize it. However, in the court of law, this evidence would be deemed inadmissible.
Some of the ways of collecting the illegal evidence are following: Phone tapping/recording, Forced narcoanalysis, Recording activities using secret camera, Illegal search and seizure.