Evidence collected in breach of the fundamental right to privacy alone doesn't make it inadmissible - Synopsis
Parul Madaan 1 Jul 2020

While deciding on an appeal preferred by the wife under the order of the Family Court, permitting the husband to record the evidence included in the Compact Disk that allegedly infringed her right to privacy.

The High court of Delhi stated that the contents of the recording were not admissible as evidence, because they were a transcript of a 'private' conversation the wife had with a friend which had been secretly recorded by her husband, without the permission or consent of the woman, as a breach of her fundamental right to privacy.

This has, however, explained that the possible "misuse" of the rule of evidence, important in the wake of the right to privacy, can be addressed by prudent exercising of the "judicial discretion" by the court-not at the time of reception of the evidence, but at the time of use of the evidence at the adjudication stage.

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