CrPc-Case Diary


Can the dairy of proceedings in investigation be considered as evidence during trial?
A. Yes
B. No
C. Partially
D. Public prosecutor may use.

please explain the answer including laws section.
 
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Advocate

Not the diary of the case, but the statements of witnesses recorded by the investigating officer,, during his investigations are to be used by the defense counsel to contradict the witness. 

 
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please choose any one option as answer and then explain that option
 
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Advocate,9444674980

No, it is not permitted , only the court can view the case Diary.

 
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Advocate

What are the facts? What is the context?

 
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Can the dairy of proceedings in investigation be considered as evidence during trial?
A. Yes
B. No
C. Partially
D. Public prosecutor may use.

what is the answer sir
 
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Lawyer in Hyderabad.wats app no.9989324294

no

 

 

 
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Advocate

I stands by my statements of law. 

 
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Hi,

Your case is regarding the admissibility of a case diary as evidence.

A case diary is a record of daily investigation into a case. Under the provision of Section 172 of the Criminal Procedure Code (CrPC) a police officer conducting the investigation is required to maintain a record of investigation done on each day in a particular case.

The only time the accused person can see the diary is if the court uses the details in the diary to contradict the submissions made by the police officer in the court. This exception is provided by the provisions mentioned under the Indian Evidence Act, 1872.

The supreme court in a recent judgement stated that a criminal court can use the case diary to help an inquiry or trial but not as evidence. This position is made clear by Section 172(2) of the CrPC. The Supreme Court has ruled that no court should rely on a case diary as evidence and acquit or convict an accused on the basis of that.

I hope this solves your query.

Regards,
Archit.

 
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