panchnama
A panchnama (called a mahazar in Karnataka and Kerala) is the memorandum the police write at the spot when they search a place, seize articles, inspect a scene or hold an inquest. It is signed by the “panchas”, independent and respectable local witnesses whose presence is meant to guard against planting and fabrication.
The panchnama itself is not substantive evidence. The panch witness or the officer must give evidence in court, and the document is used to corroborate that testimony or refresh memory. A defective or unwitnessed panchnama does not by itself make a seizure illegal, but it weakens the prosecution case. BNSS now also requires audio-video recording of searches and seizures.
Example
The recovery of the knife was proved through the seizure panchnama and the evidence of the panch witness who signed it.
In Indian law
- s.103 BNSS (old s.100 CrPC): search in the presence of two independent witnesses and a list of things seized
- s.105 BNSS: audio-video recording of search and seizure
See also
discovery statement · chain of custody · investigation
Read more in the study notes
- Disposal of property: photography, videography and time-bound release (Bharatiya Nagarik Suraksha Sanhita)
- Revenue officers under the Karnataka Land Revenue Act, 1964 and their procedure (Land Law)