Evidence Collected In Breach Of Right To Privacy Alone Doesn't Make It Inadmissible: Delhi HC [Read Judgment]

In a significant judgment pertaining to rules for collection and admissibility of evidence, the Delhi High Court has held that evidence collected in breach of the fundamental right to privacy alone, would not make it inadmissible in court of law. The single bench has held that while a litigating party certainly has a right to privacy, that right "must yield" to the right of an opposing party to bring evidence it considers relevant to court, to prove its case. The cause of public justice would suffer if the opportunity of fair trial is denied by shutting-out evidence that a litigating party may wish to lead at the very threshold," the bench observed. Applying the same principle, the High Court held, "Although today, privacy is recognised as a fundamental right, that alone would not make evidence collected in breach of that right, inadmissible."