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Home Acts & Rules GST Draft-Bills-Reports FAQ on GST dated 21.9.2016 based on Draft Model GST Chapters List Chapter 19 Inspection, Search, Seizure and Arrest This

Question 14 - When is search said to be illegal? Is evidence collected in the course of an illegal search admissible in trial proceedings? - FAQ on GST dated 21.9.2016 based on Draft Model GST

FAQ on GST dated 21.9.2016 based on Draft Model GST
Chapter 19
Inspection, Search, Seizure and Arrest
  • Contents

Q 14. When is search said to be illegal?  Is evidence collected in the course of an illegal search admissible in trial proceedings?

Ans. Search without a valid search warrant (i.e. issued by other than a competent authority or without a search warrant) results in an illegal search without authority of law. However, due to this reason, the accused cannot get benefit. Accordingly, evidence collected even during an illegal search and seizure is considered admissible in trial and adjudication proceedings.

 
 
 
 

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