panchama required minimum 2 sign.
Querist :
Anonymous
(Querist) 17 June 2011
This query is : Resolved
We known that panchama required minimum 2 sign. the sign should be of the witness present there at the time of making the panchama. But the witness doesn’t what to sign then that panchmana is valid or not or can police officer force the witness to sign the panchama. If the witness doesn’t sign the panchama then how to make the panchama. Without the sign of the witness on the panchama can we say that panchama is valid or valid proof as compare to indian evidence act, 1872. Panchama is required only when there is a dead body or during the auction of the property which WILL BE GOING TO TAKE AFTER SOMETIME OR MONTHS. Else panchama is not required.
any specify guidelines by the judicial precedent that when & in which cases panchama is required & if the sign of the witness is not there than also it is valid.
Thank U.
PALNITKAR V.V.
(Expert) 17 June 2011
There are no general guidelines as such about when to prepare panchanamas. There can be numerous instances where drawing of panchanama becomes necessary. e.g. recovery of stolen property, accident cases, inquest, attachment of property and so on. There should be at least two panch witnesses. There are many provisions in Cr. P.C relating to search and seizure. Police has powers to call any person to be witness on panchanama. It is the duty of every citizen to cooperate police in investigation. If any one refuses without any justification, he can be prosecuted also in certain circumstances.
Querist :
Anonymous
(Querist) 17 June 2011
Sir thanks for the answer so instant
sir can u give me the case law on
If any one refuses without any justification, he can be prosecuted also in certain circumstances. [ if he refuses to sign the panchama]
case law of Bombay High court or any HC & if possible of any SC.
thanks sir .
