role of ‘panchnama’ in criminal justice an outline

‘PANCHNAMA’ Its Role in

CRIMINAL JUSTICE DELIVERY SYSTEM

BY Dharmendrasinh Gemalsinh RanaASSISTANT PUBLIC PROSECUTOR

LEGAL DEPARTMENTGOVERNMENT OF GUJARATBY- DHARMENDRASINH G. RANA -

ASSISTANT PUBLIC PROSECUTOR

CRIMINAL JUSTICE DELIVERY SYSTEM

INVESTIGATION

PROSECUTION

DEFENCE

JUDICIARY/ DECISION

BY- DHARMENDRASINH G. RANA -ASSISTANT PUBLIC PROSECUTOR

….POLICE… रक्षक... ...રખેવાળ...

TO PREOTECT PEOPLETO

MAINTAIN LAW AND

ORDERTO INVESTIG

ATE CRIME

When a crime is committed, the police must determine who committed it so that the criminal can be prosecuted and brought to justice. But how do the police go about investigating these crimes…? BY- DHARMENDRASINH G. RANA -


INVESTIGATION FOR….

FINDING OUT REAL CRIMINAL COLLECT PROOF

TO PROVIDE CONCRETE EVIDENCE TO

PROSECUTION

INVESTIGATION & PROSECUTION...RESULTING INCONVICTION…


What is ‘‘PANCHNAMA’’..?

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 jury or impartial men.’ In well-known encyclopaedia of Gujarati language ‘Bhagvadgomandal’ ‘‘PANCHNAMA’’ has been described as પંચનામંુ; પંચના ઠરાવનો કાગળ ‘panchanamu; panchna tharavno kagal’ paper of decision or opinion of PANCHAS. ‘PANCH’ means jury or and independent observer who certifies genuineness of proceeding of investigation. BY- DHARMENDRASINH G. RANA -


IMPORTANT FUNCTIONS OF BY INVESTIGATION

Observe crime scene investigation

Collect samples from crime scene for forensic investigation.

Search of place and seizure of things.

Search of suspected person.

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

Perform raid up on secret information.BY- DHARMENDRASINH G. RANA -ASSISTANT PUBLIC PROSECUTOR

Observe crime scene investigation

CRIME SCENE INVESTIGATION

SPOT PANCHNAMA MAP SKETCH


Collect samples from crime scene for forensic investigation.

FINGER PRINTS

BLOOD SAMPPLE TYRE MARK HAND

WRITINGELECTRONIC

RECORDSBY- DHARMENDRASINH G. RANA -ASSISTANT PUBLIC PROSECUTOR

Search of place and seizure of things.

SEARCH IN CLOSE PLACE

WITH WARRANT U/S 91 WITHOUT WARRANT 165, 166


Search of suspected person.

PANCHNAMA UNDER Cr.P.C Sec. 100


Mainly following ‘PANCHNAMA’ prepared by investigation Agency.

Cr.P.C 157(1) Crime scene investigation ‘PANCHNAMA’ of crime scene

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

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.Cr.P.C Section 174 -Inquest ‘PANCHNAMA’ when any person died by committing suicide, killed by another reasons.Cr.P.C 165 -‘PANCHNAMA’ of search without warrant for the purpose of investigation.Evidence Act Section 27 - Discovery or recovery of any thing, information of which is obtained from accused.

‘PANCHNAMA’ of Muddamal

Cr.P.C Sec 51,52 ‘PANCHNAMA’ of physical condition of accused when arrested.BY- DHARMENDRASINH G. RANA -ASSISTANT PUBLIC PROSECUTOR

Crime scene Panchnama

FOOT PRINT OF CRIME…..

DIRECTION TO

SOLVE THE CASE

COLLECTION OF EVIDENCE

USEFUL IN COURT OF

LAW.


Crime scene Panchnama


Cr.P.C.157:Procedure for Investigation(1) If from information received or other- wise, an officer-in-charge of police

station has reason to suspect the commission of an offence which he Is empowered under Section 156 to investigate, he shall forthwith send a report of the same to a Magistrate empowered to take cognizance of such offence upon a police report and shall proceed in person, or shall depute one of his subordinate officers not being below such rank as the State Government may, by general or special order, prescribe in this behalf to proceed, to the spot, to investigate the facts and circumstances of the case, and, if necessary, to take measures for the discovery and arrest of the offender : Provided that- (a) when information as to the commission of any such offence is given against any person by name and the case is not of a serious nature, the officer-in-charge of a police station need not proceed in person or depute a subordinate officer to make an investigation on the spot; (b) If it appears to the officer-in-charge of a police station that there is no sufficient ground for entering on an investigation, he shall not investigate the case. BY- DHARMENDRASINH G. RANA -


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.


41:When police may arrest without warrant(1) Any police officer may, without an order from a Magistrate and without a warrant, arrest any person XXX

(d) in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing;

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.

102:Power of police officer to seize certain property(1) Any police officer may seize any property which may be alleged or suspected to have been stolen, or which may be found under circumstances which create suspicion of the commission of any offence.(2) Such Police officer, if subordinate to the officer-in-charge of a police station, shall forthwith report the seizure to that officer.


Evidence Act Section 27 - Discovery or recovery of any thing, information of which is

obtained from accused.Constitutional right under article 20(3) which provides that no person accused of any offence shall be compelled to be a witness against himself.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.


Important aspects of discovery ‘PANCHNAMA’ Sec.27

• Person accused of offence must be in custody.• He must have given information which is in consequence

discovered.• Information which is not covered can not be discovered.• Information which to be consequently discover can not be

easily seen or discovered without the help of accused.• Discovery must be of some fact which the police had not

previously learnt from other source.• 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 ‘PANCHNAMA’ is prepared in two parts. First part of ‘PANCHNAMA’ called as preliminary or primary ‘PANCHNAMA’ and latter part is called secondary ‘PANCHNAMA’. First of all information which is received from accused be recorded in the ‘Primary PANCHNAMA’ and all information obtained by the accused be recorded be description in preliminary ‘PANCHNAMA’ mention time and date with signature. Thereafter in consequently search be made and detail of that search also to be mentioned in detail secondary ‘PANCHNAMA’. If thing found as per information prier given then discovery is proved and that portion of information obtain from accused may proved against that accused.


PRIMARY

Information received from accused Time & Date with Signature

How to prepare ‘Discovery ‘PANCHNAMA’’

SECONDARY

Details of search and discovary Time & Date with Signature

consequent search be made according PRILIMINARY PANCHNAMA


CONCLUSION ‘PANCHNAMA’ is a documentary evidence its contents

can be brought on record by primary evidence. its probative value can be inqured in the court of law

by testimony of concern witnesses or Investigation Officer who has investigated case or proceed over the inquiry

It can also be use to refresh memory during proceeding.

Duly proved ‘PANCHNAMA’ establish genuineness of investigation OR inquiry procedure.

Genuine PANCHNAMA are strong corroborative evidence to prove prosecution case.


If investigation agency enthusiastically efforts to record genuine ‘PANCHNAMA’ and follow all requirements of law in its preparing it would works as sharp and shining sword in the hands of prosecuting officer, who is vigorously fighting to prove guilt of accused. While formal and stereotype routine ‘PANCHNAMA’ and its regular hostile Panchas are serious headache for prosecution and mockery of judicial system.

We hope time will change to situation and routine ‘PANCHNAMA’ would be moved out from police investigation as well as investigation and judiciary both develop an eye to justify criminal investigation and trial which leads towards social security to people and enhance trust of common man in criminal justice delivery system. BY- DHARMENDRASINH G. RANA -


।। सत्यं नास्ति परो धर्म� ।।

धन्यवाद...

धर्मे�न्द्रसि�ंह गेर्मेलसि�ंह रणा �हायक लोकाभि�योजक

गुजरात राज्यBY- DHARMENDRASINH G. RANA -ASSISTANT PUBLIC PROSECUTOR

role of ‘panchnama’ in criminal justice an outline

Law