Evidentiary Value of Panchnama

Abstract

The word Panchnama is not defined anywhere in law. The judges and lawyers often search for this word in different books. The word has a significant value as it is used by almost all the courts every day in some matter or form, depending upon case to case. Not only criminal courts, but civil courts too rely on this document to check veracity and truthfulness of the action taken by officers of state or courts. In criminal cases, it is used to support substantive evidence and in civil courts, it is used to show that the decree of civil court has been executed by handing over possession as directed in the decree. The provision of Panchnama is made to convince the court that the officers have in fact carried out such search or made such seizure. Guidelines can be taken from section 100 sub-section 4 and 5 of CrPC, 1973. In this project, the authors have tried to explain the intention of panchnama and incidental provisions which speak about it indirectly, as under CrPC and IEA and have also tried to look upon a few cases, where High Court and Supreme Court in different paras have given as to how a panchnama can be used as a corroborative piece of evidence.