Private detective organizations perform independent inquiries for particular people or associations in cases such as divorce or matrimonial matters, insurance matters, severe criminal cases, high profile cases, etc.
Throughout India, private detective agencies are legal, but there is no legislation to control the actions of such agencies. The state has barely any power over these entities.
Bill for the introduction of a licensing scheme for these private detective agencies and the oversight of their actions was introduced as a Private Detective Agencies (Regulation) Act, 2007 but is still pending in Parliament.
WHAT DOES THE TERM “ADMISSIBILITY” MEANS AS PER EVIDENCE ACT?
The word “admissibility” means the state or standard of admissibility or allowability. Section 17 of the Indian Evidence Act, 1872 describes the word ‘admission.’
Evidence admissibility refers to any text, testimony, or tangible evidence used in a court of law. The Court does not accept all evidence, only certain credible and valid facts are welcome to the Court of Law.
TYPES OF EVIDENCE:
These are the facts the recipient has seen or heard himself. It has a huge effect on the prosecution and decides the reality of the prosecution.
Primary evidence is the highest form of evidence, which is in the very first place admissible which lawful. In the situation, the evidence plays a critical role.
In the case of the lack of primary evidence, this evidence is admissible in the Court of law.
The name secondary evidence comes from being a subordinate to the primary evidence, and the primary evidence predominates in the event of a dispute.
Direct proof is the sort of evidence that establishes a particular fact. Such evidence plays a critical role in deciding a specific topic on the matter. For instance, testimony provided by witnesses.
This sort of evidence is not definitive proof, but a general understanding of what could have occurred in a given case, and gives an instance of its presence.
Collection of real proof or evidence by observation of a specific physical object and not, in fact, from any witness.
Judicial evidence and non-judicial evidence:
The submission of this proof is directly before the judge. The witnesses’ statements often refer as judicial evidence.
The non-judicial proof is the testimony that is welcome outside the Court and not before the Judge. Such testimony is only admissible if it can later be proven as legal proof before the Court of law.
This evidence is the weakest type of evidence which can only be valid if it comes under a shred of solid evidence that the court accepts.
Hearsay testimony is when a person has not seen or heard anything directly for himself but has someone else’s awareness of the happenings of a case.
RELEVANCE AND ADMISSIBILITY OF EVIDENCE PROVIDED BY PRIVATE DETECTIVE:
Now that we have a basic knowledge of the term “admissibility” of evidence in the court of law, understanding the relevancy and admissibility of proof by private detective wouldn’t be a grey area for readers.
The phrases ‘Relevance’ and ‘Admissibility’ are sometimes considered synonyms, but there is a very distinct legal meaning of both words.
All admissible evidence is relevant, but not all relevant proof is admissible. Compared to the term admissibility the term relevance has a wider reach.
Relevance is based on subjective perception and reasoning. Instead of reasoning, admissibility is based on statute.
The Court of law may exercise its discretion in relevance. Whereas the Court has no choice in its admissibility.
Relevance means only the truth. In comparison, admissions mean which facts are permissible and which are not permissible.
Relevance is when the facts connect to make the presence or non-existence of certain facts probable due to a typical course of events or human actions, people believe their importance.
Whereas admissibility is when facts under the Evidence Act have been considered legally valid, they become admissible.
Read the above sentences again and try to join the dots of relevance and admission because the crux matter i.e. legality of evidence produced by private detective lies in those terms.
How is that possible? You can employ the services of a private detective agency, if it offers relevant evidence to draw a verdict, it can be considered as admissible evidence in the court of law.
For example, you believe that your insurance agent is unfaithful. But to improve the argument, confirmative proofs are necessary.
This may be in the form of bringing together relevant evidence such as phone records, emails, etc. Some relevant sources of evidence involve recording interactions between the insurance agent and a third party that is helping him to dupe you.
You employ a private detective to collect information against your agent. The facts before the Court will be admissible if only their relevancy is authenticated by a private detective.
Additionally, during legal hearings, you will ensure that your private detective acts as an eyewitness on your behalf to authenticate the relevancy of evidence and show that it has not been corrupted or changed to be admissible in the court of law.
Evidence gathered by private detectives must meet certain conditions. The private detective agency employing these private detectives requires a license to operate in India. The evidence needs legal consideration; to obtain any evidence, the detective should make sure it does not violate any legal proceedings or infringe the right privacy.