EVALUATION OF PANCHANAMA DOCUMENT

Subject: Criminal Law - II

Submitted to: Prof. D. Bala Krishna

Submitted by: Sandeep Kumar Sabavat2nd Year, 4th Semester

Roll No. : 2011-69

National Academy of Legal Studies and Research, University of Law, Hyderabad

TABLE OF CONTENTS

List of statutes.....................................................................................................1

List of cases........................................................................................................2

CHAPTER- I INTRODUCTION.......................................................................3

1.1 Aims and Objectives ....................................................................................4

1.2 Specific research tasks encountered .............................................................4

CHAPTER- II EVALUATION OF PANCHANAMA.......................................5

2.1. The Essentials of Panchanama.....................................................................7

2.2 Chief constituents of the Panchanama...........................................................7

CHAPTER-III PANCHANAMA CASE LAWS.................................................9

CHAPTER -IV CONCLUSION..........................................................................11

BIBLIOGRAPHY.................................................................................................12

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LIST OF STATUTES

1) INDIAN PENAL CODE (IPC) 1860

2) THE INDIAN EVIDENCE ACT, 1872

3) THE CODE OF CRIMINAL PROCEDURE, 1973

LIST OF CASES

1)Babu Verghese & Ors. v. Bar Council of Kerala & Ors.

2)Radha Krishna vs. State of U.P

3)State of Kerala v. Allassery Mohammad

4)State of Maharashtra v. Natwarlal Damodardas Soni

5)Sunder Singh vs. State of Uttar Pradesh

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CHAPTER- I

INTRODUCTION

Investigative documents are very important in the various levels of pre-trail and

trail procedures in judicial system. Panchanama is one of the important investigative

documents which is very useful for victims, accused, advocates, defense counsels.

Getting to know the innate details of this investigative document is very significant for

the investigating procedures, which is useful for all criminal cases.

Once FIR is filed by any information which is received by the police station

officer by an unnamed caller or someone. The procedure sets into motion with lodging of

FIR, the of police officer begins by the fir reported/ the initial duty of investigating

officer is to visit the crime scene along with his investigation team, which consists of

forensic squad, dog squad, a photographer who keenly with utmost interest survey the

crime scene to draft the report without missing any minute details. Investigative officer

closely observes the crime scene and draft the Panchanama by talking to all the people

who were present at the crime scene.

Investigating officer should take care about the persons who he is interacting

with. Sometimes , the accused or relatives of victims may just mislead the officer to

dilute the whole case.Panchas normally should be old or sick persons , it is always

suggested to pick up people who are frank, unbiased ,healthy and impartial near the scene

of offence or weapons recovery. The possibility of screwing the prosecution case depends

upon the drafting of Panchanama with all the minute details imbibed without any missing

of significant clues which are required and decide the outcome of the case. If there are

any loopholes in the drafting of Panchanama, it would definitely help the accused to get

off from the case and it helps the prosecution case to acquittal.

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The investigative document is also prepared during search operations for various

crimes after getting search warrant from trail courts under various sections like section

941, 970 and 1000 of Criminal Procedure code; search can be conducted without search

warrant from the courts under Section 1650. It is the basic duty of an police officer to

collect vital clues, which would obviously helps to crack the case.

1.1 Aims and Objectives

Through this project, the researcher aims to provide a evaluation of the

investigative document such as Panchanama. Here, the significance of Panchanama and

its various nuances are thoroughly discussed. The researcher has studied the topic in

detail and will provide an in depth analysis of the same. An attempt has been made to

trace the various aspects of the Panchanama in question. The researcher has carefully

scrutinized the above and given a brief study on this, investigative document.

1.2 Specific research tasks encountered

Within the scope of this project, the researcher will discuss the topic in detail with

all the possible evaluation of such investigative document. The researcher has dealt in

depth with the significance of Panchanama document, aspects along the lines of law in it.

Due to paucity of space and time to some extent, the researcher will be unable to include

all the cases, though few cases are mentioned in the project and limit himself to analyzing

and evaluation only the significant details of it.

.

1 Section 94 The Code of Criminal Procedure, 1973 (CrPc) says search of place suspected to contain stolen

property, forged documents, etc.

0 Section 97 The Code of Criminal Procedure, 1973 (CrPc) says search for persons wrongfully confined

0Section 100 The Code of Criminal Procedure, 1973 (CrPc) says – persons in charge of closed place to

allow search.

0 Section 165 of the Code of Criminal Procedure, 1973 (CrPc) says – search by police officer -

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CHAPTER- II

EVALUATION OF PANCHANAMA

In Sanskrit language, ‘Panch’ means honorable person; ‘Nama’ means written

things, which takes place in the presence of the respectable persons. This number of

respectable persons could be two or more in number. It could be also used as a refreshing

there memory for court as witness. Section 1570 (Indian evidence Act) says Panchanama

could be used as corroborative evidence. They can give evidence of the recorded

operation by considering it as to revive their memory under section 1590 (Indian

Evidence Act.)

Nowhere in the act is the word Panchanama defined. It is constructed from the

sections 1000 and 1740 of Cr.P.C. the procedure directed in the section 100 of Cr.p.c. will

be continued for organising search operations with the warrant issued by the court under

sections 93,93,95,97 and without warrant under sections 165 and 166. Inquest would be

done in the presence of so called Panchas by closely observing the corpse.

0 Section 157 of the Indian Evidence Act, 1872 deals with Former statements of witness may be proved to

corroborate later testimony as to same fact. - In order to corroborate the testimony of a witness, any former

statement made by such witness relating to the same fact at or about the time when the fact took place, or

before any authority legally competent to investigate the fact, may be proved.

0 Section 159 of Indian Evidence Act, 1872 deals with the topic of Refreshing memory-A witness may,

while under examination, refresh his memory by referring to any writing made by himself at the time of the

transaction concerning which he is questioned, or so soon afterwards that the Court considers it likely that

the transaction was at that time fresh in his memory. The witness may also refer to any such writing made

by any other person, and read by the witness within the time aforesaid, if when he read it he knew it to be

correct. When witness may use copy of document to refresh memory. Whenever a witness may refresh his

memory by reference to any document, he may, with the permission of the Court, refer to a copy of such

document: Provided the Court be satisfied that there is sufficient reason for the non-production of the

original. An expert may refresh his memory by reference to professional treatises.

0Section 100 of the Code of Criminal Procedure, 1973 (CrPc) says – persons in charge of closed place to

allow search.0 Section 174 of the code of criminal procedure, 1973(Crpc)says- Police to enquire and report on suicide,

etc.

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The main intention of the code is to safeguard from the deceit and unfair officers

who are posted a duty with t he execution of the search with or without warrant. This

would ensure that nothing new object is planted by corrupt officers nor stolen from the

crime spot. To control the unfair practices of the police officers, the presences of

dignified and respectable persons are made compulsory at the crime spot and seizure of

things which are found therein.

Section 100 of Cr.p.c. is imbibed in the legislation mainly to create the confidence

and feeling of safety among general public. The proceedings of Panchanama should be

recorded by the investigating officer with the help of two or more Respectable persons,

sections 100(4) to (8) helps us to do so. Whatever things which got in the crime scene are

seized and the same copy could be given to occupant of the house. Any person could be

taken as witness by issuing a written order and any deviance is punishable under section

1870 of I.P.C.

Personal search by the investigating officer and the Panch witness would create

confidence to the court as everything is fair and true search in the process of

investigation. Any over writings, corrections, and erasures, in the Panchanama should be

attested by the witnesses. Each and every proceeding should be clearly mentioned. Such

as identity of the place, spaces inspected and the complete description of all the things

which got seized. There is no need to examine in the court of law all the officers who

present at the time of search. The police officer has to record reasons and the same memo

should be issued, if the search had taken place without warrant. If any search is

conducted outside the court limits, the Investigation Officer should deposit the things

seized in the nearest local court to the place of search as per Sec.1010Cr.P.C.

The investigating officer has to make note of the search proceedings as if it were

written by the Panchas only, that is , the Panchanama recorded should not contradict by

section 162 of the Cr.pc. It should not be recorded in the form of examining witnesses as

laid down u/s 161 Cr.P.C. the honest observation of Panch witnesses should be done. The

Evidentiary value for corroboration under section 157 of Indian Evidence Act by the

0 Section 187 in The Indian Penal Code, 1860 - Omission to assist public servant when bound by law to

give assistance.

0Section 101 of Crpc - Disposal of things found in search beyond jurisdiction.

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prosecution and contradiction under section 145 of IEA by the accused. In case of

intimidating the prosecution has got power to deny the Pancha witness against the

Panchanama with the help of section 1540 of Indian evidence act. As per Section 1550 of

Indian evidence act , the credit of a witness may be denounced and also a witness may be

asserted to a fact mentioned in any such document, as per Section 162 of Indian evidence

act the unfavourable party has got right to cross examine as to writing used by the

observer to refresh memory.

2.1. The Essentials of Panchanama-

These are the certain requirements, while performing Panchanama documentation, they

follow:

1) Describing the crime scene with the help of photographs, sketches and drawings.

2) Listing the persons found at the crime scene

3) Records found at scene of offence or weapons or exhibits.

4) List of seizure of items found and it should be signed by the prosecution Witness,

Prosecuting officer.

2.2 Chief constituents of the Panchanama:  

These are the format and basic necessities of Panchanama document:

1) Names of investigation officer executing Panchanama

2) Date, place and time

3) Description of Panchas

0 Section 154 in the Indian Evidence Act, 1872- Question by party to his own witness.- The Court may, in

its discretion, permit the person who calls a witness to put any questions to him which might be put in

cross- examination by the adverse party.

0 Section 155 in the Indian Evidence Act, 1872- Impeaching credit of witness.- The credit of a witness may

be impeached in the following ways by the adverse party, or, with the consent of the Court.

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4) Explanation of Scene of offence with drawing describing the scene neatly, with

direction of corpse placed houses, limits of the house.

5) Mentioning weapons recovered at the picture of offence, prepare list of items

recovered at the scene of offence.

6) Explaining the panchas, principle of search &seizure with or without order of the

court. 

7) Telling the people found working at the time of investigation and capture mentioning

their age and nature of duty undertaken at that place.

8) List of lawful documents found during investigation and capture.

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CHAPTER-II

PANCHANAMA CASE LAWS

Some of the case laws are discussed in the light of Panchanama investigative document.

A) State of Kerala v. Allassery Mohammad0 -

Deviation from the details of the procedure which is prescribed, not necessarily

draw a conclusion that whatever things got during is investigation are illegal or irrelevant

evidence or not admissible during trail. Enough preference would be given under specific

circumstances of each case. Courts should scan the evidence with utmost care and act

when it is proved.

B) Sunder Singh v. State of Uttar Pradesh 0 -

The local people who are not involved in the search, that particular circumstance

would not annul the search. It would only affect the enough preference of the evidence

with respect to search and recovery of items. Not to the great extent, the irregularity in

the process of search would affect the legality of the trail proceedings.

C) Radha Krishna vs. State of U.P.0 -

This court supposed that the proof obtained by unlawful search and seizure would not

be discarded but requires to be examined cautiously. Previous view of the Supreme Court

over ruled by suggestion by this Judgement.

0 AIR 1978 SC. 933

0 AIR 1956 SC. 411

0 AIR 1963 SC. 8221.

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D) State of Maharashtra v. Natwarlal Damodardas Soni0  

Even if the investigation was unlawful, it will not influence the strength of the seizure

and further investigation of the authorities the authority of the trial.

E) Babu Verghese & Ors. v. Bar Council of Kerala & Ors. 0

Illegal control of smuggled goods - seizure Panchanama, would be allowable in

evidence - At the stage of filing police report it cannot be said that, there is no proof –

Discharge of accused by Judge on ground of disobedience or malfunction to watch the

provisions relating to the search does not make the proof relating to the search excluded.

0 AIR 1980 SC. 593

0 1999 AIR S.C.W. 422

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CHAPTER

CONCLUSION

In various cases, the magistrate has given lot of importance to Panchanama and its

value in the prosecution cases. The irregular documentation of Panchanama will help the

accused people. That is why , it is very important for the police department to instruct the

young policemen in the art of drafting a high quality Panchanama documents and senior

police officers should often take initiative to teach and help there juniors while writing

Panchanama investigative document, especially in most of the complicated cases.

Drafting Panchanama in regional /local language is always good, if, the

investigative officer is not well versed in English language. Court want to comprehend

the Panchanama document thoroughly but poor drafting with a lot of grammatical

mistakes would create problems in the proceedings, that is why it is better to draft

Panchanama in regional language. Bad Panchanama and bad police report is a boon to

accused and counsel who advocating the accused.

High level investigating skills of the police department plays a significant role in

all the criminal cases. A good police man is a nightmare to the defence counsel and really

helpful to the trail magistrate to come to the reasonable and logical wrapping up and

finally, punish the guilty people. The investigative officers should inhabitant the habit of

reading manuals especially criminal manuals and the other manuals pertaining to crime ,

which are given by the police department and should be well familiar with the process ,

which will not give any attention to the accused to escape from the law.

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BIBLIOGRAPHY

Books Referred:

1) Black’s Law Dictionary, 8th ed.(accessed from Nalsar library )

2) Universal criminal manual comprising of IPC, CrPC and Evidence act.

Websites Referred:

1) www.manupatra.com

2) www.indiankanoon.org

3) http://www.lawnotes.inb

4)http://www.nacen.gov.in/detailsarticle.asp/aid=63.

5)http://expressindia.indianexpress.com/latest-news/flaw-in-panchnama-accused-gets-

bail/227125.