Monday 10 August 2020

Whether it is mandatory to prepare and prove spot panchnama in offence U/S 294 of IPC?

 Section 294 in The Indian Penal Code

 [294. Obscene acts and songs.—Whoever, to the annoyance of others—
(a) does any obscene act in any public place, or
(b) sings, recites or utters any obscene song, ballad or words, in or near any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.]
As per this section offence should occur in a public place. Hence the prosecution must prove that crime happened in a public place. Therefore it is mandatory for investigating officer to prepare spot panchnama to show that offence occurred in a public place. The prosecution can also prove that incident happened in a public place by adducing other evidence.
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