Constitution of India

PANCHNAMA’ plays very important role in criminal justice delivery system, more particularly genuineness and accuracy ,   of investigating agency could be define from the ‘PANCHNAMA’ what they have recorded during investigation. Duly proved PANCHNAMA entrusts genuineness of investigation which helps to prove case beyond all reasonable doubt. ‘PANCHNAMA’ is very important aspect of criminal investigation; it corroborates main evidence if duly proved.

To reach at complete understanding of the subject, first of all we must examine the literal meaning of ‘PANCHNAMA’. It can be plainly said that, ‘record of observation by at least five people.’

But here we are concern only with the different ‘PANCHNAMA’ prepared by investigation agency whilst they are investigating in the criminal offence, so we must derive elements of Panchnama from respective procedural Law.

As ‘PANCHNAMA’ is in the form of document which has been prepared during investigation it plays very important role in establishing guilt of accused. Moreover sometimes ‘PANCHNAMA’ becomes key in the appreciation of evidence by the court.

KINDS OF PANCHNAMA PREPARED BY INVESTIGATION.

Investigation while investigating they perform different kinds of duty. Main functions of investigation are to

A) Observe crime scene investigation

B) Collect samples from crime scene for forensic investigation.

C) Search of place and seizure of things.

D) Search of suspected person.

E) Search of Accused and seize things or articles found from his possession.

F) Perform raid up on secret information.

In all above important functions perform by investigation agency, they have to prepare ‘PANCHNAMA’ in order to collect concern record of investigation so as to use for refreshing memory during trial. There are different kinds of Panchnama prepared during investigation, which are categorized as search, seizure, recovery, discovery, arrest, inquest, test identification parade. Out of these some of them are a part of mandatory procedure laid down in different provision of Cr.P.C and others are performed to established genuineness of investigation.

Mainly following Panchnama prepared by investigation Agency

1 Cr.P.C section 100 – During search in closed place

When any officer authorised for search of any place by warrant under the provision of sec 100(4) it is mandatory for the officer making such search to call upon two or more

independent and respectable inhabitants of the locality and perform search. He may issue order to any person for such Panchnama.

That, search shall strictly be made in the presence of Panch and list of all things be prepared and signed by concern Panch witnesses. Copy of this list also to be provided to occupant of place. Moreover it is also provided u/s 100-8 that, if any person without reasonable cause refuse or neglect to attend and witness a search he shall be deemed to committed offence u/s 187 IPC.

As per provision Panch witness who has accompanied such search need not attend court unless he specially summoned.

2) Cr.P.C Section 102 – Seizure Panchnama of the property which may be alleged or suspected to have been stolen or found under suspicion of commission of offence.

Under this provision police officer may seize any property which he suspected to have

been

A) Stolen,

B) Which may be found under suspicion of the commission of offence.

It is mandatory for every police officer to report such seizure to the magistrate having jurisdiction. Such police officer may give custody thereof to any person on his executing Bond undertaking to produce before court u/s 102(3)Cr.P.C.

3) Cr.P.C Section 174 - Inquest Panchnama when any person died by committing suicide, killed by another reasons.

When police officer received information that any person has committed suicide, or has been killed under suspicious circumstances raising reasonable suspicion that some one has committed an offence, he shall after give information to nearest magistrate to conduct inquest. And such magistrate shall proceed to the place where dead body of the

deceased person is laid and there in the presence of two or more respectable inhabitants of the neighbourhood shall make an investigation followed by the report of apparent cause of death. Such report is called inquest Panchnama.

4) Cr.P.C 165 - Panchnama of search without warrant for the purpose of investigation.

Under this provision Police officer investigating the case in certain circumstances empower to search any place with in the limit of his police station and that such thing can not otherwise obtained without undue delay, such officer may after recording in writing grounds of his belief and specifying in such writing and perform search as mentioned in sec.100.

5) Cr.P.C 166 - Panchnama of search by order to other officer by incharge of police station or Investigation officer not below the rank of PSI, beyond jurisdiction.

Officer in charge of police station or I.O not below the rank of Police Sub Inspector may if he feel necessary to search beyond his jurisdiction he may request to make such search to concern in charge of respective police station, and if he has reason to believe that delay occasioned by other police officer, it shall be lawful to make any search beyond jurisdiction. Copy of list which has been prepared in such search shall send to nearest magistrate empowered to take cognizance of the offence.

6) Evidence Act Section 27 - Discovery or recovery of any thing, information of which is obtained from accused.

It is constitutional right under article 20(3) which provides that no person accused of any offence shall be compelled to be a witness against himself. So, time and again constitutionality of provision laid down u/s 27 of evidence act has been questioned in Apex court. As this section information received by accused if proved against him.

Apex court affirms this provision in the landmark judgement of Nisa Stree Vs. State Of Orissa 1954-sc-279.

It is a rule of evidence that confession obtain by inducement, threat or promise is irrelevant in criminal proceeding moreover if confession made to police officer shall not be proved against any accused. Further, unless the confession made before magistrate, any confession made during custody shall not be proved against such person. These all are rule of evidence laid down in sec 24, 25 and 26 of evidence Act, but sec 27 is exception. When any person accused of any offence whilst in the custody of police give any information which prier unknown and subsequently as per his information anything discovered in consequence of information received, that information may be proved whether not not it amounts to confession.

To receive information from accused which is relevant and which prier unknown to investigation and in consequence to search

that thing panchnama is to be prepared which is called discovery panchnama

Sec 27 of the evidence act entitles I.O to introduce so much of the information received from the accused person in to evidence whereby the fact is discovered. But any other information of confession which is not relevant to the facts discover will not be admissible. The only object behind this exception is to provide guarantee furnished by discovery of fact or object in pursuance to the information received from accused.

Following are the important aspects of discovery panchnama:

i) Person accused of offence must be in custody.

ii) He must have given information which is in consequence discovered.

iii) Information which is not covered can not be discovered.

iv) Information which to be consequently discover can not be easily seen or discovered without the help of accused.

v) Discovery must be of some fact which the police had not previously learnt from other source.

vi) Confessional statements which are not connected with any discovery of fact or object should not be permitted to be introduced by incorporating the same in panchnama.

How to prepare ‘Discovery Panchnama’

Discovery Pnachnama is prepared in two parts. First part of Panchnama called as preliminary or primary Panchnama and latter part is called secondary