Panchanama & Arrest Memo under the New Criminal Law (BNSS): Drafting, Compliance & Defence Strategy

Panchanama & Arrest Memo under the New Criminal Law (BNSS): Drafting, Compliance & Defence Strategy

A Comprehensive Legal Analysis of Procedural Safeguards in Criminal Investigation

Abstract

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which came into force on July 1, 2024, represents a comprehensive overhaul of criminal procedure in India, replacing the Code of Criminal Procedure, 1973 (CrPC)[1]. Among its critical procedural reforms, the BNSS has codified and strengthened the requirements for Panchanama preparation and Arrest Memo documentation—two foundational instruments that ensure transparency, accountability, and protection of constitutional rights during criminal investigations. This article provides an exhaustive examination of these procedural safeguards, analyzing their legal framework, drafting requirements, compliance standards, and strategic implications for both prosecution and defence.

Introduction

Panchanama and Arrest Memo constitute the procedural bedrock of fair criminal investigation in India. These documents serve as contemporaneous records that authenticate police actions, protect the rights of accused persons, and provide evidentiary foundations for criminal proceedings. The transition from CrPC to BNSS has introduced significant refinements to these procedures, particularly through the incorporation of technological advancements and enhanced transparency mechanisms[2].

The Supreme Court’s landmark judgment in D.K. Basu v. State of West Bengal (1996) established fundamental guidelines for arrest procedures, emphasizing the constitutional imperatives flowing from Articles 21 and 22 of the Constitution[3]. These principles, now codified in BNSS, mandate strict compliance on pain of departmental action and contempt proceedings, making understanding of these requirements essential for legal practitioners, law enforcement personnel, and judicial officers alike.

Part I: Understanding Panchanama under BNSS

What is a Panchanama?

A Panchanama is a legally significant document that records evidence and findings made by an investigating officer at the scene of an offence or crime[4]. The term derives from the Persian word “panch” (five), historically referring to a council or assembly of witnesses, though contemporary practice typically requires two or more independent witnesses rather than five.

Panchanama serves multiple critical functions in criminal proceedings:

• Creates a contemporaneous record of observations and seizures
• Authenticates the investigation process through independent witness verification
• Establishes chain of custody for seized materials and evidence
• Provides corroborative evidence in circumstances where direct eyewitness testimony is absent
• Ensures transparency and prevents manipulation of evidence

Legal Framework: Section 185 BNSS

Section 185 of BNSS (corresponding to Section 100 of CrPC) governs the procedure for search, seizure, and preparation of Panchanama. The provision mandates specific procedural requirements to ensure legitimacy and evidentiary value[5]:

Key Requirements under Section 185 BNSS:

1. Two or more respectable independent witnesses (Panchas) must be present throughout the entire procedure
2. A written memorandum must be prepared recording all observations, seizures, and findings
3. The memorandum must be signed by both the investigating officer and the witnesses
4. A copy of the Panchanama must be provided to the person involved or their representative
5. Photographs and videos may be taken to maintain transparency and create additional documentary evidence

This represents an evolution from the CrPC framework, with the explicit inclusion of photographic and videographic documentation reflecting technological advancements in evidence preservation.

Types of Panchanama

Different investigative contexts require distinct categories of Panchanama, each serving specific evidentiary purposes[6]:

Type	Purpose and Context
Search Panchanama	Records searches conducted at premises under Section 185 BNSS; documents the process of searching specific locations
Seizure Panchanama	Documents articles, documents, or materials seized during investigation; establishes chain of custody
Recovery Panchanama	Records recovery of incriminating materials based on accused’s disclosure statement under Section 27 of Indian Evidence Act
Discovery Panchanama	Documents discovery of evidence or materials at crime scenes or other locations
Arrest Panchanama	Records circumstances of arrest when conducted in presence of witnesses
Inquest Panchanama	Prepared under Section 197 BNSS during investigation of unnatural deaths
Spot Panchanama	Records observations at crime scene immediately after occurrence; also called Site Inspection Memo or Naksha-e-Mauka
Test Identification Parade	Documents identification parade procedures to establish accused’s identity

Table 1: Categories of Panchanama in Criminal Investigation

Essential Contents of a Valid Panchanama

Despite the absence of statutory prescription regarding specific contents, established judicial precedents and investigative best practices have crystallized the following mandatory elements for a valid Panchanama[7]:

Preliminary Information:

• Date, time, and exact location of preparation
• FIR number and relevant sections of law under which investigation is being conducted
• Name, rank, and designation of the investigating officer
• Names, addresses, and signatures of Panchas (independent witnesses)
• Identity and address of the person whose premises are being searched or from whom seizure is being made

Substantive Details:

• Detailed description of the premises or location being searched
• Chronological narrative of the search/seizure process
• Specific description of articles or materials found and seized, including:
  • Physical characteristics (size, color, markings, identifying features)
  • Quantity and condition
  • Exact location where found
• Any statements or objections made by the person concerned
• Lighting conditions and means of illumination if conducted during nighttime
• Reasons for any deviation from standard procedure

Authentication and Verification:

• Endorsement that contents were read over to all concerned persons
• Verification that illiterate Panchas had contents read over and explained to them
• Signatures of the investigating officer, Panchas, and the person concerned
• Note regarding provision of copy to the person involved
• Photographic or videographic documentation references (under BNSS reforms)

Qualification and Selection of Panchas

The credibility and independence of Panchas directly impacts the evidentiary value of Panchanama. Section 185 BNSS requires “respectable independent witnesses,” a qualification elaborated through judicial interpretation and administrative guidance[8]:

Positive Qualifications (Who Can Be Panchas):

• Respectable persons of the locality—respectability determined by character and social standing, not necessarily economic status
• Individuals with no direct or indirect interest in the investigation or its outcome
• Persons capable of understanding the proceedings and able to read/sign or provide thumb impression
• Government servants may serve as Panchas (courts have upheld their independence)
• Persons from distant locations if local Panchas are unavailable, with reasons recorded

Negative Qualifications (Who Cannot Be Panchas):

• Persons with relationship to the accused or the complainant
• Individuals with pecuniary or other interests in the investigation’s outcome
• Police personnel or investigating agency staff
• Minors lacking legal capacity to serve as witnesses
• Persons with contagious diseases or physical infirmities that prevent proper witnessing (such as blindness, deafness, or muteness)
• The complainant or informant in the case
• The owner of searched premises or their family members
• Persons unacceptable due to religious considerations of the premises owner

The Bombay High Court in Mohanlal Bababhai v. Emperor emphasized that Panchas should be genuinely independent and not merely nominal participants in the process[9]. Their active presence throughout the entire procedure—from commencement to conclusion—is mandatory.

Procedural Requirements for Valid Panchanama

Beyond content requirements, the manner of Panchanama preparation determines its evidentiary validity:

Temporal Requirements:

• Panchanama must be prepared at the spot where search/seizure occurs
• If security concerns necessitate preparation elsewhere, this must be explicitly recorded with detailed reasons
• Panchas must be present at the actual spot and throughout the entire process
• Night-time preparation is permissible when circumstances necessitate, with lighting arrangements documented

Documentation Standards:

• Only one version should be prepared—no distinction between “rough” and “fair” copies
• All corrections or alterations must be authenticated with signatures
• The document must be written in a language understood by the Panchas, or translated for their comprehension
• Contents must be read over to all concerned persons before obtaining signatures
• Specific endorsement that contents were explained to illiterate Panchas

Technology Integration (BNSS Innovation):

Section 185 BNSS explicitly permits photographic and videographic documentation[10]. This represents a significant advancement over CrPC, acknowledging technological capabilities while enhancing evidentiary reliability:

• Photographs of searched premises, seized articles, and proceedings
• Video recording of the search/seizure process
• Digital documentation of article identification and packaging
• Maintenance of digital chain of custody alongside physical Panchanama

Evidentiary Value and Judicial Scrutiny

Courts have consistently held that Panchanama constitutes substantive evidence, not merely procedural documentation. However, its evidentiary weight depends on proper compliance with procedural requirements.

In Vishnu Krishna Belurkar v. The State of Maharashtra, the Bombay High Court Full Bench clarified that Panchanama is not automatically hit by Section 162 CrPC (now Section 181 BNSS) which prohibits use of statements to police during investigation[11]. The Court held:

“The fact that Panchanama is written out by the police officer or police scribe as dictated to him by the Panchas would not make any difference, for that would merely be a mode in which the Panchanama is recorded. Of course, if a Panchanama does incorporate a statement which amounts to a statement intended as a narration to a police officer during his investigation, it would fall within Section 162 and will have to be excluded.”

This establishes that Panchanama records what Panchas see, not what they narrate as statements, distinguishing it from testimonial evidence subject to Section 181 BNSS exclusion.

Factors Affecting Evidentiary Weight:

Courts examine the following when assessing Panchanama credibility:

1. Independence and respectability of Panchas
2. Presence of Panchas throughout the entire procedure
3. Consistency between Panchanama and Panchas’ court testimony
4. Proper authentication through signatures and endorsements
5. Absence of material contradictions or unexplained alterations
6. Corroboration through photographic/videographic evidence (under BNSS)
7. Timely provision of copy to the person concerned
8. Compliance with mandatory procedural requirements

Common Defects and Their Legal Consequences

Non-compliance with Panchanama requirements can render the document inadmissible or significantly diminish its evidentiary value:

Defect	Legal Consequence
Absence of independent Panchas or use of interested witnesses	Panchanama may be rejected; raises serious doubt about genuineness of search/seizure
Panchas not present throughout entire procedure	Evidentiary value substantially diminished; may be treated as unreliable
Failure to provide copy to person concerned	Violation of Section 185 BNSS; may render search/seizure procedurally defective
Material contradictions between Panchanama and Panchas’ testimony	Courts may discard the Panchanama and acquit accused
Unexplained alterations or corrections without authentication	Raises suspicion of manipulation; may be rejected
Failure to read over contents to illiterate Panchas	Procedural irregularity affecting reliability
Absence of proper identification of seized articles	Breaks chain of custody; may render physical evidence inadmissible
Non-documentation of lighting arrangements in night searches	Casts doubt on whether observations were actually possible

Table 2: Panchanama Defects and Consequences

Part II: Arrest Memo under BNSS

Constitutional and Statutory Framework

The right to know the grounds of arrest is a fundamental constitutional guarantee under Article 22(1), which provides that no person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest[12]. This constitutional mandate is operationalized through Section 36 and Section 47 of BNSS.

Section 36 BNSS: Power of Arrest and Duties of Officer

Section 36 BNSS incorporates the guidelines established in D.K. Basu v. State of West Bengal (1996), transforming constitutional imperatives into statutory obligations[13]:

Mandatory Requirements under Section 36:

1. Officer Identification: Every police officer making an arrest must bear accurate, visible, and clear identification of his name, facilitating easy identification by the arrested person and others
2. Arrest Memo Preparation: The arresting officer shall prepare a memorandum of arrest containing comprehensive details of the arrest
3. Witness Attestation: The arrest memo must be attested by at least one witness, who shall be:
   1. A member of the family of the person arrested, OR
   1. A respectable member of the locality where the arrest is made
4. Arrestee Countersignature: The memorandum must be countersigned by the person arrested, acknowledging the arrest in their presence
5. Notification Rights: The arresting officer must inform the arrested person of their right to have a relative, friend, or other named person informed of the arrest

Section 47 BNSS: Communication of Grounds of Arrest

Section 47 BNSS (corresponding to Section 50 CrPC) mandates immediate communication of arrest grounds[14]:

“Every police officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest.”

The Delhi High Court in Marfing Tamang v. State (February 4, 2025) emphatically interpreted “forthwith” to mean that grounds of arrest must be communicated concurrently with issuance of the arrest memo, immediately upon arrest[15]. Deferring this communication violates both the statutory mandate and Article 22(1) constitutional guarantee.

Essential Contents of Arrest Memo

The arrest memo must contain the following mandatory particulars to constitute a valid and legally compliant document[16]:

Arrestee Information:

1. Full name with alias (if any) and parentage
2. Present address with complete details
3. Permanent address
4. Mobile number, WhatsApp number, and email address (if available)
5. Identity verification details

Arrest Particulars:

1. FIR number and sections of law under which arrest is made
2. Exact place of arrest with geographic details
3. Date and precise time of arrest
4. Full particulars of the offence for which arrest is made (mandatory under Section 47)
5. Grounds justifying the arrest (see reasons below)

Officer and Witness Details:

1. Name, rank, and number of the arresting officer
2. Officer’s clear and visible identification
3. Name and address of the witness attesting the arrest memo
4. Contact details of the witness

Notification Information:

1. Name, address, email ID, and telephone number of the person to whom arrest information should be conveyed
2. Acknowledgment that the arrestee was informed of their right to notify a relative or friend
3. Time and manner of notification to the designated person

Grounds for Arrest (Mandatory Enumeration):

Following the Supreme Court’s judgment in Arnesh Kumar v. State of Bihar (2013), the arrest memo must specify which of the following grounds necessitated arrest[17]:

• To prevent the accused person from committing any further offence
• For proper investigation of the offence
• To prevent the accused from causing evidence to disappear or tampering with evidence
• To prevent the accused from making inducement, threat, or promise to any person acquainted with case facts to dissuade them from disclosing facts to court or police
• To ensure the accused’s presence in court, as their presence cannot otherwise be ensured

The investigating officer must record specific reasons satisfying at least one of these grounds, with supporting facts—not mere generic statements.

Procedural Compliance Requirements

Timing and Immediacy:

• Arrest memo must be prepared at the time of arrest—not subsequently at the police station
• Grounds of arrest must be communicated “forthwith” per Section 47
• Witness attestation must occur contemporaneously with arrest
• Copy must be provided to arrestee immediately

Witness Requirements:

The witness attesting the arrest memo serves as an independent verifier of the arrest’s legality and circumstances. Qualification standards parallel those for Panchas:

• Must be genuinely independent—no connection to police or investigation
• Preferably a family member of the arrestee for maximum transparency
• In absence of family member, a respectable member of the locality
• Must actually witness the arrest, not merely sign the memo afterward
• Their signature authenticates that arrest occurred as recorded

Documentation and Preservation:

• Original arrest memo maintained in case diary
• Copy provided to arrestee for their records and potential legal challenge
• Entry regarding arrest memo in station diary (Section 41C BNSS)
• Arrest memo produced before Magistrate at first production under Section 167 BNSS
• Names and addresses of arrested persons displayed on notice board at police station

Integration with First Production Requirements

The arrest memo plays a critical role during the arrestee’s first production before the Magistrate under Section 167 BNSS (corresponding to Section 167 CrPC):

Documents Required at First Production:

1. Arrest memo with proper attestation and countersignature
2. Grounds of arrest in writing with supporting reasons
3. Checklist under Section 41(1)(b) demonstrating satisfaction of arrest conditions
4. All supporting documents justifying the arrest
5. Medical examination report (Section 54 BNSS)

The Magistrate must scrutinize these documents to determine whether detention is justified. As the Supreme Court emphasized in Arnesh Kumar, the Magistrate can only authorize detention when satisfied with the reasons provided by police[18]. If the arrest memo is defective, incomplete, or unsigned by required persons, the Magistrate may:

• Refuse to authorize police custody
• Send the accused to judicial custody instead
• Require the Investigating Officer to reappear with proper documentation
• Question the legality of the arrest and consider bail

Legal Consequences of Non-Compliance

Failure to prepare arrest memo or non-compliance with its requirements has serious legal consequences:

Constitutional Violations:

Non-compliance constitutes violation of Articles 21 and 22(1) of the Constitution, rendering the arrest procedurally illegal. Courts have consistently held that D.K. Basu guidelines (now codified in Section 36) must be “strictly followed” and failure makes officials liable for:

• Departmental disciplinary action
• Contempt of court proceedings
• Compensation to the aggrieved person

Illegality of Arrest:

Multiple High Courts have declared arrests illegal solely due to non-compliance with arrest memo requirements:

• In cases where arrest memo was not prepared at time of arrest
• Where independent witness signature was missing
• Where arrestee was not given a copy of the memo
• Where grounds of arrest were not communicated “forthwith”

Such findings of illegal arrest can result in:

• Grant of bail despite opposition
• Quashing of detention orders
• Award of monetary compensation to the arrestee
• Adverse inference in trial regarding investigation credibility

Evidentiary Implications:

Defective arrest procedures can undermine the prosecution’s case:

• Raises questions about overall investigation credibility
• May lead to exclusion of evidence obtained post-arrest
• Affects weight given to accused’s alleged confessional statements
• Provides strong grounds for defence to challenge prosecution narrative

Part III: Compliance Checklist for Law Enforcement

Pre-Arrest Compliance

1. Verify that arrest is legally justified under BNSS provisions
2. Ensure officer has proper identification visible and clear
3. Prepare blank arrest memo format in advance
4. Identify potential independent witness (family member or local respectable person)
5. Review grounds for arrest and document specific reasons

At the Time of Arrest

1. Communicate full particulars of offence “forthwith” to arrestee (Section 47)
2. Complete arrest memo immediately, recording:
   1. Arrestee’s complete details
   1. Exact time, date, and place of arrest
   1. FIR details and applicable sections
   1. Specific grounds justifying arrest
   1. Officer’s details
3. Obtain independent witness attestation contemporaneously
4. Have arrestee countersign the memo
5. Inform arrestee of right to notify relative/friend
6. Provide copy of arrest memo to arrestee immediately
7. Make entry in station diary regarding arrest and memo

Post-Arrest Compliance

1. Notify designated relative/friend as soon as possible
2. Display arrestee’s name and address on police station notice board
3. Conduct medical examination under Section 54 BNSS
4. Prepare all documentation for first production before Magistrate
5. Ensure arrest memo and grounds accompany production
6. Maintain proper record in case diary

Panchanama Preparation Compliance

1. Secure presence of two or more independent, respectable witnesses before commencing search/seizure
2. Verify Panchas’ independence—no relationship to accused, complainant, or investigating agency
3. Prepare Panchanama at the spot where search/seizure occurs
4. Record complete details chronologically and accurately
5. Describe seized articles with specificity
6. Take photographs/videos under Section 185 BNSS
7. Read contents to all concerned persons, including illiterate Panchas
8. Obtain signatures of officer, Panchas, and person concerned
9. Provide copy to person from whom seizure is made
10. Maintain chain of custody for seized articles

Part IV: Defence Strategy and Challenge Points

Challenging Defective Arrest Memo

Defence counsel should scrutinize arrest memo for the following defects:

Procedural Defects:

• Absence of arrest memo or preparation after significant delay
• Failure to communicate grounds “forthwith”—if communication delayed beyond arrest time
• Missing independent witness signature or use of interested witness
• Arrestee’s countersignature missing or obtained under coercion
• No copy provided to arrestee
• Generic or boilerplate grounds without specific reasons

Substantive Defects:

• Grounds for arrest do not satisfy any criterion under Section 41(1)(b)
• Arrest memo contradicts other case documents regarding time/place of arrest
• Officer’s identification not clear or visible
• Notification to relative/friend not made as claimed
• Material particulars missing (FIR number, sections, exact time, etc.)

Legal Remedies:

1. Habeas Corpus Petition: Under Article 226 of Constitution challenging illegal detention
2. Bail Application: Emphasizing procedural illegality as ground for bail
3. Quashing Petition: Under Section 528 BNSS (corresponding to Section 482 CrPC)
4. Compensation Claim: For violation of fundamental rights under Articles 21 and 22
5. Trial Defence: Raising arrest illegality to challenge investigation credibility

Challenging Defective Panchanama

Common Challenge Grounds:

1. Interested Witnesses: Establishing that Panchas are related to complainant, police, or investigation
2. Absence During Procedure: Demonstrating Panchas were not actually present throughout
3. Contradiction in Testimony: Showing inconsistency between Panchanama and Panchas’ court testimony
4. Non-Compliance with Section 185: Proving mandatory requirements not followed
5. Planted Evidence: Arguing Panchanama fabricated to legitimize planted material
6. Chain of Custody Broken: Showing gaps in documentation from seizure to court production

Cross-Examination Strategy:

When cross-examining Panchas:

• Question their independence and relationship to investigation
• Probe their understanding of the Panchanama contents
• Test their memory of specific details recorded in Panchanama
• Establish whether they were present from beginning to end
• Highlight any contradictions with the written document
• Question the voluntariness of their participation
• Examine whether they actually witnessed article seizure or merely signed

Documentary Challenge:

• Point out missing mandatory particulars
• Highlight unexplained alterations or overwriting
• Demonstrate non-provision of copy to accused
• Show procedural violations in preparation
• Establish deviation from Section 185 requirements

Strategic Considerations

For Defence:

The defence strategy should focus on:

1. Early identification of procedural defects through careful document scrutiny
2. Filing immediate applications challenging illegal arrest/detention
3. Seeking bail emphasizing procedural violations
4. Building trial defence around investigation credibility issues
5. Seeking exclusion of evidence obtained through defective procedures
6. Pursuing compensation claims for constitutional violations

For Prosecution:

The prosecution must ensure:

1. Meticulous compliance with all procedural requirements from the outset
2. Proper training of investigating officers on BNSS requirements
3. Documentation of reasons for any deviation from standard procedure
4. Preservation of photographic/videographic evidence supporting Panchanama
5. Preparation of Panchas as witnesses with emphasis on truthfulness
6. Anticipation of defence challenges and preemptive address of potential weaknesses

Part V: Comparative Analysis: CrPC vs. BNSS

The transition from CrPC to BNSS introduced several refinements:

Aspect	CrPC 1973	BNSS 2023
Panchanama Provision	Section 100	Section 185
Technology Integration	No specific provision	Explicit provision for photos/videos in Panchanama
Arrest Memo	Section 41B (added by amendment)	Section 36 (originally incorporated)
Officer Identification	Required by judicial guidelines	Statutorily mandated in Section 36
Grounds Communication	Section 50 – “forthwith”	Section 47 – “forthwith” (retained)
Forensic Integration	Limited	Mandatory for offences 7+ years (Section 176(3))
Electronic Documentation	Not specifically addressed	Electronic mode explicitly permitted
Video Recording	Not mandated	Encouraged under Section 185

Table 3: CrPC vs. BNSS Comparison

Key innovations in BNSS include:

• Statutory incorporation of D.K. Basu guidelines in Section 36
• Explicit permission for photographic/videographic documentation
• Enhanced emphasis on technological integration throughout investigation
• Mandatory forensic investigation for serious offences with videography
• Clearer articulation of procedural requirements

Conclusion

Panchanama and Arrest Memo represent fundamental safeguards in the criminal justice system, balancing effective investigation with protection of individual rights. The BNSS has strengthened these procedures through codification of constitutional imperatives and technological integration, reflecting contemporary investigative realities.

For law enforcement, meticulous compliance with these requirements is non-negotiable. The consequences of procedural defects extend beyond individual cases—they undermine public confidence in the justice system and expose officers to legal liability.

For legal practitioners, both prosecution and defence, thorough understanding of these procedures is essential. Prosecutors must ensure investigations withstand scrutiny, while defence counsel must vigilantly identify and challenge procedural violations to protect their clients’ constitutional rights.

As the BNSS framework continues to evolve through judicial interpretation, the principles remain constant: transparency, accountability, and respect for constitutional guarantees. The procedural safeguards embodied in Panchanama and Arrest Memo requirements serve not merely as technical formalities, but as essential bulwarks protecting liberty and ensuring fair administration of criminal justice.

References

[1] Bharatiya Nagarik Suraksha Sanhita (No. 46 of 2023), came into force w.e.f. July 1, 2024. https://jajharkhand.in/wp-content/uploads/2025/09/ppt-BNSS-CAPT_Ranchi.pdf

[2] Advocate Geetika Jain. (2025). Analysis of Punchnama under BNSS 2023. LinkedIn Post. https://www.linkedin.com/posts/advocate-geetika-jain-a02875189_punchnama-punchnama-punchnama-activity-7351484493595082754-oE5T

[3] Human Rights Initiative. (2020). Arrest Memos: A Study on Requirements and Compliance. https://www.humanrightsinitiative.org/download/1469440602Arrest Memo study.pdf

[4] Vajiramandravi. (2025). What is Panchnama? https://vajiramandravi.com/current-affairs/panchnama/

[5] Bharatiya Nagarik Suraksha Sanhita, 2023, Section 185.

[6] National Academy of Customs, Indirect Taxes and Narcotics (NACIN). Panchanama Guidelines. https://www.nacin.gov.in/ZCLucknow/Images/Documents/E_Books/57_Panchnama.pdf

[7] The Law Blog. (2023). Understanding Spot Panchnama/Site Inspection Memo/ Naksha Mauka: Their Procedure & Often Raised Objections. https://thelawblog.in/understanding-spot-panchnama-site-inspection-memo-naksha-mauka/

[8] NACIN. Panchanama Guidelines, Section on Pancha Qualifications.

[9] Mohanlal Bababhai v. Emperor, referenced in The Law Blog analysis of Panchanama procedures.

[10] Section 185, Bharatiya Nagarik Suraksha Sanhita, 2023.

[11] Vishnu Krishna Belurkar v. The State of Maharashtra, Full Bench, Bombay High Court. https://thelawblog.in/understanding-spot-panchnama-site-inspection-memo-naksha-mauka/

[12] Constitution of India, Article 22(1).

[13] Judex Tutorials. (2025). Procedure of Arrest and Rights of Arrested Persons in BNSS. https://judextutorials.com/blog/procedure-of-arrest-and-rights-of-arrested-persons-in-bnss

[14] Section 47, Bharatiya Nagarik Suraksha Sanhita, 2023.

[15] Marfing Tamang v. State, Delhi High Court judgment dated February 4, 2025. https://www.barandbench.com/columns/balancing-procedural-fairness-a-study-of-arrest-procedures-under-crpc-and-pmla

[16] Scribd. (2025). Arrest Memo BNSS Format. https://www.scribd.com/document/776275274/Arrest-Memo-BNSS

[17] Arnesh Kumar v. State of Bihar, 2013, Supreme Court of India.

[18] Human Rights Initiative. (2020). Arrest Memos: A Study on Requirements and Compliance, p. 14.