Admissibility of Evidence
/ədˌmɪsəˈbɪlɪti əv ˈɛvɪdəns/
Evidence Law Term
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Definition
The legal quality of evidence that makes it capable of being received and considered by a court. Admissibility is distinct from relevancy — relevant evidence may still be inadmissible (e.g., hearsay, illegally obtained evidence, privileged communications). Under the Indian Evidence Act, 1872, only relevant facts (Sections 5–55) are admissible, but relevancy alone is not sufficient — additional rules of exclusion may apply.
Examples
Case Study
In R.M. Malkani v. State of Maharashtra (1972), the Supreme Court held that tape-recorded conversations are admissible as evidence if they satisfy the test of relevance, are authentic (not tampered with), and the voice is properly identified. The Court ruled that evidence gathered through legitimate means, even if involving surveillance, is admissible in Indian courts.
Key Cases
R.M. Malkani v. State of Maharashtra
1972AIR 1973 SC 157
Tape-recorded conversations are admissible if authentic and properly identified. Established foundational rules for electronic and audio evidence. Distinguished admissibility from relevance.
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