By: Adv. Vinayak D. Porob
A Panchanama occupies a central and indispensable position in the criminal justice framework. It reflects, with clarity and precision, the fairness and diligence exercised by the investigating agency. Once duly proved, a Panchanama becomes a compelling indicator of the authenticity of the investigative process and substantially strengthens the prosecution’s case.
In its simplest sense, a Panchanama is a contemporaneous written record of observations made in the presence of independent witnesses. In criminal law, it denotes the documentary memorandum prepared by the police during investigation, deriving its authority from procedural mandates. Although the term Panchanama does not find explicit definition in the BNSS, its existence and significance are implicitly recognised through various procedural requirements that mandate documentation in the presence of independent witnesses.
Every significant investigative act—such as search, seizure, inquest, examination of the accused, or recovery—requires transparency, which is ensured through a Panchanama. It serves as the documentary mechanism through which investigative fairness, propriety, and compliance with procedural expectations are demonstrated.
A distinct and legally significant category is the discovery Panchanama under Section 23 of the Bharatiya Sakshya Adhiniyam, the successor to the erstwhile Section 27 of the Evidence Act. This provision governs the admissibility of information provided by an accused leading to the discovery of a previously unknown fact, and the Panchanama records both the information and the consequential recovery.
Crime-scene Panchanamas portray the physical layout and condition of the place of occurrence; muddamal Panchanamas describe articles linked to the offence; and Panchanamas of the accused record physical condition, injuries, or incriminating items found at the time of apprehension. These records serve as contemporaneous memorials of investigative acts, ensuring that the factual foundation of the case is preserved with accuracy.
In court, a Panchanama may be proved through the Panch witnesses or the investigating officer. Even if Panch witnesses turn hostile or fail to recall events, courts have consistently upheld the evidentiary value of a Panchanama when the testimony of the investigating officer is credible, coherent, and supported by surrounding circumstances.
In conclusion, a Panchanama is a vital investigative document that, when prepared meticulously and with procedural fidelity, provides reliable, contemporaneous proof of investigative acts. Careful drafting enhances fairness, strengthens the prosecution, and reinforces judicial confidence, whereas mechanical preparation and unreliable Panch witnesses weaken the evidentiary chain and undermine the criminal justice process.
Disclaimer:
This article is intended solely for general informational and academic purposes. It reflects the personal views and understanding of the author, Adv. Vinayak D. Porob, based on legal principles and practical experience. Nothing contained herein is meant to constitute legal advice, comment on any pending proceedings, or cast aspersions upon any court, investigating agency, or authority.
