Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Kalimuthu R   14 April 2020

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.


Learning

 10 Replies

N.K.Assumi (Advocate)     14 April 2020

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. 

Kalimuthu R   14 April 2020

please choose any one option as answer and then explain that option

adv.raghavan (Advocate,9444674980)     14 April 2020

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

P. Venu (Advocate)     14 April 2020

What are the facts? What is the context?

Kalimuthu R   14 April 2020

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

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     14 April 2020

no

 

 

N.K.Assumi (Advocate)     14 April 2020

I stands by my statements of law. 

Archit Uniyal   14 April 2020

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.

Kalimuthu R   15 April 2020

yes sir thank you very much

N.K.Assumi (Advocate)     15 April 2020

Question is:

Can the dairy of proceedings in investigation be considered as evidence during trial? Answer to this has been given bt Archit Uniyal, with the Supreme Court observatiobs, and I also agree to the sme as far as case diary is concerned. But the querist has not men5tion what actually do you wish to be considered by the court from the case diary? Case diary consists of many things recorded by the investigating officer, but all those entries are not prohibited, but in absence of specefic matters which you wish to be cdonsidered as evidence by the court is not mentioned., and it is left with partial responds only, that is case diary maintained by the investigating officer in course of his investigations..

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register