CRIMINAL PROCEDURE CODE
Querist :
Anonymous
(Querist) 03 June 2011
This query is : Resolved
dEAR EXPERTS
cAN PLS TELL UNDER WHAT CR.P.C. THE CDs provided by the investigating agency can be challenged in court before trial i.e. when the argument on charge is heard?
Under what crl.p.c. the veracity of CDs provided can be challenged? pl mgiven the section and crl.p.c.
PALNITKAR V.V.
(Expert) 04 June 2011
Please clarify what is the offence charged?
Advocate. Arunagiri
(Expert) 04 June 2011
Case Diary can be challenged. See S.172 (3) and S.145 of the IEA.
172. Diary of proceeding in investigation
(1) Every police officer making an investigation under this Chapter shall day by day enter his proceeding in the investigation in a diary, setting forth the time at which the information reached him, the time at which he began and closed his investigation, the place or places visited by him, and a statement of the circumstances ascertained through his investigation
(2) Any Criminal Court may send for the police diaries of a case under inquiry or trial in such Court, and may use such diaries, not as evidence in the case, but to aid it in such inquiry or trial
(3) Neither the accused nor his agents shall be entitled to call for such diaries, nor shall he or they be entitled to see them merely because they are referred to by the Court; but, if they are used by the police officer who made them to refresh his memory, or if the Court uses them for the purpose of contradicting such police officer, the provisions of section 161 or section 145, as the case may be, of the Indian Evidence Act, 1872 (1 of 1872), shall apply.
Ajay Bansal
(Expert) 04 June 2011
Agreed with Arunagiri.
PALNITKAR V.V.
(Expert) 09 June 2011
You mean Case Diary? I thought that it is CD i.e. Compact Disk. The case diary can be challenged only if it is used at the time of deposition before court.
