Rahul Kandharkar Law OF Panchnama In Criminal Trial

Law of Panchnama in Criminal Trial

A Panchnama is an important legal document in criminal trials in India and many other legal systems. It serves as a written record of facts observed by independent witnesses (panchas) during a police investigation. The word "Panchnama" is derived from "Panch," meaning five, as traditionally, five witnesses were required, though modern practice typically involves two or more independent witnesses.

1. Meaning and Purpose of Panchnama

A Panchnama is a document prepared by the police or investigating officer in the presence of independent witnesses to record observations made at a crime scene, during a search, seizure, or inquest. It serves as primary evidence in court.

Purpose:

• To ensure transparency and credibility in investigations.
• To provide documentary proof of an occurrence or discovery.
• To strengthen the prosecution's case with independent verification.
• To prevent allegations of manipulation or false evidence by law enforcement.

2. Legal Provisions Related to Panchnama

(a) Under the Code of Criminal Procedure (CrPC), 1973:

• Section 100 (Search and Seizure in Presence of Witnesses): Requires at least two independent witnesses during searches.
• Section 174 (Inquest Report): Used in unnatural death cases, prepared in the presence of witnesses.
• Section 175 (Examination of Witnesses in Inquest): Allows statements from witnesses during inquests.

(b) Under the Indian Evidence Act, 1872:

• Section 3 (Definition of Evidence): Panchnama can be used as documentary evidence if properly prepared.
• Section 157 (Corroborative Evidence): It can support witness testimony in trials.

3. Types of Panchnama in Criminal Trials

1. Scene of Offense Panchnama – Documents the crime scene.
2. Seizure Panchnama – Records the items seized during an investigation.
3. Arrest Panchnama – Details the circumstances of an arrest.
4. Inquest Panchnama – Records observations in cases of unnatural death.
5. Identification Panchnama – Used for identification parades.
6. Confession Panchnama – Documents confessions made in front of witnesses.

4. Essential Features of a Valid Panchnama

• Prepared in the presence of independent witnesses.
• Accurately records observations without personal opinions.
• Signed by the investigating officer and witnesses (panchas).
• Should be prepared contemporaneously (at the time of the event).
• Should not be vague, misleading, or incomplete.

5. Evidentiary Value of Panchnama

• Not considered substantive evidence (i.e., it cannot be sole evidence to convict someone).
• Used to corroborate witness testimony in court.
• If panchas (witnesses) turn hostile, the court may still rely on other evidence.
• Judicial scrutiny is applied to check its credibility.

Case Law:

• State of Maharashtra v. Damu (2000) – Held that the reliability of Panchnama depends on independent witnesses and proper procedural adherence.
• Kashmira Singh v. State of Madhya Pradesh (1952) – Supreme Court held that a Panchnama alone cannot be the basis of conviction but can support other evidence.