Özet:

Technology has aided the law enforcement agency with powerful tools for detecting and deterring crimes. However it has considerably eaten away a substantial part of the individual’s liberty and privacy. This leads us to one of the major controversial issues of almost all the criminal justice jurisdictions across the world today: the admissibility of the evidences so obtainedviz., illegally,or rather 'technologically' curtailing the privacy of the individuals through the application and administration of the advanced tools and devices on the people.   The authors through this paper depict the scope and application of technology in crime prevention, crime detection and subsequently in the collection of evidence. The authors thereupon pin point their research to some basic issues of concern like, whether with the aid of new technologies available today privacy protection has been eroded in favour of the law enforcement? Whether the shift towards technology and the tools and devices borne out of it at the hands of the investigation agency has undermined the basic rights of individuals like privacy and personal liberty?To what extent do the exclusionary rule and the exclusionary discretion fit to the contemporary world?Is there a need for rethinking the legalprotections in the new technological era? etc. Then the authors proceed toevaluate how far the Indian judiciary has appreciated such evidence by availing the common law judicial discretion, as there is a legislative vacuum in this area.The paper thereupon attempts to closely analyse the important case laws in this area to ascertain the parameters taken into consideration by an Indian judge in dealing with the admissibility of technologically obtained evidence.

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