Law Relating to Panchnama

Panchnama is not mere formality! The Courts rely on evidences trusting the investigation carried out by the agencies. It's a process whereby the guilt of an accused is fastened thus making way for the Courts to hold an offender guilty of commission of an offence!

- Yogesh V Nayyar

Criminal judicial system which is an integral part of judiciary and acts with caution and embarks upon the misuse of powers and system vested in the investigating agencies in India; while investigating and controlling commission of offences. Nonetheless, every investigation is based on facts and evidence.

That, apart, an integral part of investigation is collection of evidence, based upon which the Courts, on corroboration, circumstantial evidence, holds an offender guilty.

Time and again; the Hon'ble Supreme Court of India has harped upon the need and necessity of compliances to be diligently performed and followed by investigating agencies while investigating an offence specially while recording confessional statements, drawing panchnama. Any lapse; in such process leads to failure of justice to the victim and so as well to an individual who is made a scape goat by the investigating agency; thus falsely implicating an innocent and which act of the investigating agency makes an innocent languish behind bars thus incarcerating in advance.

Ramanand @ Nandlal Bharti v. State of Uttar Pradesh, reported in 2022 LiveLaw (SC) 843, wherein the Hon'ble Supreme Court observed in the words "One Of Most Perfunctory Investigation" while acquitting the accused.

The book in hand covers the need and necessity of "Panchnama" and so as well the importance, compliances, mandated under the special statutes; inter-alia Indian Penal Code, 1860, and Indian Evidence Act, 1872 and the case laws delivered by the Hon'ble Supreme Court of India and High Courts of India.

I hope the book shall be helpful to the legal fraternity while contesting and representing matters before the Court of Law.