Criminal Law and The Law on Evidentiary Value of Panchnama and Discovery of Fact

Criminal Law and The Law on Evidentiary Value of Panchnama and Discovery of Fact

In a recent Judgment, important legal issues have been explained.

It is held that the contents of the panchanama are not substantive evidence. The law is settled on that issue. What is substantive evidence is what has been stated by the panchas or the persons concerned in the witness box. 

Where, therefore, a fact has already been discovered any information given in that behalf afterwards cannot be said to lead to the discovery of the fact. There cannot be a rediscovery. Where the information as to the fact said to have been discovered is already in the possession of the police, the information given over again does not actually lead to any discovery so that its discovery over again in consequence of the information given by the accused is rightly inadmissible under Section 27 of the Indian Evidence Act, 1872. 

Section 27 of the Indian Evidence Act, 1872 is in the nature of an exception to the general rules contained in the two preceding Sections 25 and 26, respectively. Section 25 of Indian Evidence Act, 1872 makes inadmissible any confession by an accused person to a police officer. Under Section 26, no confession by any person while he is in the custody of a police officer shall be proved against such person unless it be made in the presence of a Magistrate. Section 27 of Indian Evidence Act, 1872 says that such part of the information given by an accused person while in the custody of a police officer may be proved against him as distinctly relates to the fact which is thereby discovered. It therefore makes admissible a confession made while in police custody if the other conditions laid in it are fulfilled. Being an exception to the general rule it has to be strictly construed. Section 27 of the Indian Evidence Act, 1872 does not permit the admission in evidence of the whole of the confession, but of such portion only of it as can be said to relate distinctly to the fact discovered. 

The conditions necessary for the applicability of Section 27 of the Evidence Act are broadly as under:- 1. Discovery of fact in consequence of an information received from accused; 2. Discovery of such fact to be deposed to; 3. The accused must be in police custody when he gave information; and 4. So much of information as relates distinctly to the fact thereby discovered is admissible.

Case : Anand Jakkappa Pujari @ Gaddadar v. State of Karnataka [2026] GCtR 349 (SC)