Poison Tree Principle: Its Applicability in India

6 Pages Posted: 26 May 2018

See all articles by Dr. Vijay Pal Singh

Dr. Vijay Pal Singh

Amity University Haryana; Gitarattan International Business School

Date Written: May 11, 2018


The phrase ‘Fruit of the Poisonous Tree’ is a set word in Anglo-American common law. It stands in the context of illegal investigations, searches and seizures and the problem of whether ‘neutral’ information based on illegally gathered evidence can be acceptable in court proceedings. The relative amount of the metaphor is clear: If the foundation of the evidence (the tree) is tainted, then anything deriving from it (the fruit) bears the same flaw. In 1920 the U.S. Supreme Court in the case of Lumber Co. v. U.S it was held that if during an illegal search investigators find a key to a post office box containing a crucial document which might prove the defendant’s guilt, this document will – as a rule – not be admissible as evidence in court proceedings since it is just one product of the unlawful search. To stick to the metaphor: the document is the fruit of the poisonous tree.

Keywords: fruit, poison tree, confession, orrigion etc.

Suggested Citation

Singh, Dr. Vijay Pal, Poison Tree Principle: Its Applicability in India (May 11, 2018). Available at SSRN: https://ssrn.com/abstract=3176913 or http://dx.doi.org/10.2139/ssrn.3176913

Dr. Vijay Pal Singh (Contact Author)

Amity University Haryana ( email )

Gurugram, 122413

Gitarattan International Business School ( email )

PSP 2A & 2B Complex - II, Madhuban Chowk
Sector – 14,
Rohini, Delhi 110085

HOME PAGE: http://www.gitarattan.edu.in

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