Mahazar (Panchnama)
Definition
In Indian criminal procedure, a document drawn at the time of search and seizure in the presence of independent witnesses (Panchas), recording the items seized, their description, condition, and the identities of the witnesses and seizing officers. A mandatory procedural requirement under the NDPS Act and CrPC/BNSS 2023.
- Context
- Search and seizure procedure, India
- Witnesses
- Independent Panchas
- Recorded details
- Item description, condition, witness identities
- Mandatory under
- NDPS Act, CrPC/BNSS 2023
Common questions
How does a mahazar panchnama specifically apply in NDPS Act cases?+
The NDPS Act treats the panchnama as a mandatory procedural safeguard for narcotic seizures, and its absence or defects can be a ground for challenging the seizure's legality, given how easily narcotics evidence can be disputed.
What is the practical difference between a mahazar and a panchnama?+
In practice the terms are used interchangeably for the same seizure-witnessing document in Indian procedure, though panchnama emphasises the presence and role of the Panchas as independent witnesses to the act of seizure.
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