panchnama

advocate

I do not  know the concepts of panchnama and mahazars. please somebody explain in some detail, or suggest some boook that is available. i have mitter's police diary but nothing in that book. please reply, will be highly obliged!!

 
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practicing advocate

Panchanama is a statment of a person who is present at the time of investion of the crime by the police officer. This panchanama contains the details and boundaries of the spot of the offence/accident. It also contains the time of investigation by the investitgating officer etc., mahazar means : it is a panchanama of dead body.
 
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Advocate

 

 

Panchanama is a Sanskrit word ‘Panch’ means respectable person; ‘nama’ means a written thing.

Nowhere it is stated about the word Panchanama but it can be construed from the language of the certain provisions of Cr. P.C. viz, Section 100 & 174 Cr.P.C. The procedure laid down in Section 100 Cr.P.C. will be followed for conducting search of a closed place with warrant issued by the court u/sec 93,94,95,97,and without warrant issued by the court u/Sec 165, 166. For ascertaining the cause of the un-natural death inquest will be held in the presence of Panchas by observing the dead body and examining the witnesses who acquainted with the facts of the case.

Mahazars  is prepared at the time of search of some document . The search will be carried out in the presence of two independent witnesses and a mahazar will be drawn indicating the proceedings conducted there, such as recovery of documents and goods if any, listing out the full details. The copy of the mahazar drawn at the time of search will also be given to the occupant of the premises. 

 

 
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advocate

I agree with above all

 
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Works In Judicial Department

panchanama in general will be conducted at scene of offence or at the deadbody found, or at the place of recovery of articles involved in the crime or stolen goods etc. it includes the deatils of the scene of offence, the description of  the articles recovered  etc. It shall be conducted by a competent authority in the presence  witnesses. it shall state the date, time and palce where it is conducted. It shall also bear the the signatures of the person who conducted the panchanama and also of the witnesses in whose presence and said panchanama is conducted.

 
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I would like to bring an incident to your notice. This was my first ever instance to lodge and FIR which was for a stolen laptop. For the release of the laptop from the police which they recovered, there was too much of mental harrassment i went through.

When in court, I had to get the official paper created to be submitted to the court for the procedure. There was a department of typists who created such documents for us based on the situation / requirement.

I visited for the document creation twice, once to request the court for release order, and second was a document along with a bond to submit from the court as release order. ( superdari )

 

For both instances the typist who created the documents of merely 3 sheets, asked for Rs 100. which is Rs 200 for two visits, Now i am not sure if this is a standard defined by the court for them to charge us or what.Are they supposed to charge us money for document / official letter creation and that too Rs 100 ??

And second. at the police station I went through mental harrasment. All things that were mentioned in the release order. That was very new to me and out of my scope of understanding being the terms of law. The inspector at the court just asked me to go the respective police station and submit the papers and I would get my laptop from the malkhana CP. I did so and went there for submission.

The responsible person from the Malkhana CP first told, i  will need few documents to be scanned and provided. Fine, I went and looked for a xerox shop and got it done. When i came back, then he said that I will need a phototgrapher for the Panchnama so i again went out and caught hold of a photographer.

He could have told me at once what all need to done from me end. BUt no, 

Then, I was it was time for them to provide me the laptop. It was in a sealed packet. I asked them that before I accept. I would like to check it for my self if the serial matches or not as per my purchase receipt. They clearly said : " we have found the relevant / registred device as per FIR, and even if it is not what you filed the FIR for, even then you will have to accept it"
That is totally insane.. If by any chance the laptop would have been a different one, They would have forced me to take it and then when the court would summon me, it would have charged me thousands of rupees as per the bond that I had signed along with release order as menntioned above where the bond said that if the device found is not mine as i claim, then i will have to pay a fine of some thousand rupees.

Then when the time came for panchnama the reposible person along with the person who accompanied him in the malkhana CP in the police station said that I will need to provide 5 witness as it is a PANCHNAMA : meaning 5
I doubted their statement but had no other option than going as per what they say

 

Now when it came to get the Signature on the Panchnama of the I.O of my case, he had earlier clearly said on my face that he had done no investigation in my case. ( that was when i was in the poilice station looking for people who could help me what to do initially for the release of my laptop )

I had to get the signature of that I.O who knew maybe nothing about my case.

Now. coming back to the malkhana CP guys, so they said that 5 witness will be required as it is Panchnama. I did not have 5 witness. But just my 2 friends who were there when my laptop was stolen. The malkana CP guys clearly said that we need 5 witness signatures only then they will release my device. I said there is no way i could get 5 people. So to compensate, they asked me to pay them for (A) the work they did to get back my device " Jo mehnat humney kari hai"  and (B) To get the work done without signature of 5 people because it is PANCHNAMA = 5 People

I had to pay them Rs 500

 

 

Later I came back home frustrated with all this and went through the online articles, then I was clear what PANCHNAMA means.

This is the condition of our POlice system.
To loot the unaware public. Rather than guiding us the right way to understand the procedure.

I was amazed and apalled as their act. How easily we are fooled and looted by the people who are supposed to help us
 

 
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