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N.K.Assumi (Advocate)     08 April 2010

What is case diary as specified in section 172 CrPc?

what is case diary as mentioned in section 172 CrPc? Which portion of the case diary should be supplied to the accused under section 207 of the criminal procedure Code?


 4 Replies

Sanjeev Panda (Advocate)     08 April 2010

Section 172 Cr.P.C. lays down that every police officer making an investigation should maintain a diary of his investigation. Each State has its own police regulations or otherwise known as police standing orders and some of them provide as to the manner in which such diaries are to be maintained. These diaries are called case diaries or special diaries. Like in Uttar Pradesh, the diary under section 172 is known as ‘special diary’ or ‘case diary’ and in some other States like Andhra Pradesh and Tamilnadu, it is known as ‘case diary’. The Section itself indicates as to the nature of the entries that have to be made and what is intended to be recorded is what the police officer did, the places where he went and the places which he visited etc. and in general it should contain a statement of the circumstances ascertained through his investigation. Sub-section (2) is to the effect that a criminal court may send for the diaries and may use them not as evidence but only to aid in such inquiry or trial. The aid which the court can receive from the entries in such a diary usually is confined to utilising the information given therein as foundation for questions to be put to the witnesses particularly the police witnesses and the court may, if necessary, in its discretion use the entries to contradict the police officer who made them. Coming to their use by the accused, Sub-section (3) clearly lays down that neither the accused nor his agents shall be entitled to call for such diaries nor he or they may be entitled to see them merely because they are referred to by the courts. But in case the police officer uses the entries to refresh his memory or if the court uses them for the purpose of contradicting such police officer then provisions of Section 161 or Section 145, as the case may be, of the Evidence Act would apply. Section 145 of the Evidence Act provides for cross-examination of a witness as to the previous statements made by him in writing or reduced into writing and if it is intended to contradict him by the writing, his attention must be called to those parts of it which are to be used for the purpose of contradiction. Section 161 deals with the adverse party's rights as to the production, inspection and cross-examination when a document is used to refresh the memory of the witness. It can therefore be seen that the right of accused to cross-examine the police officer with reference to the entries in the General Diary is very much limited in extent and even that limited scope arises only when the court uses the entries to contradict the police officer or when the police officer uses it for refreshing his memory and that again is subject to the limitations of Sections 145 and 161 of the Evidence Act and for that limited purpose only the accused in the discretion of the court may be permitted to peruse the particular entry and in case if the court does not use such entries for the purpose of contradicting the police officer or if the police officer does not use the same for refreshing his memory, then the question of accused getting any right to use the entries even to that limited extent does not arise.

1 Like

N.K.Assumi (Advocate)     09 April 2010

Sanjeev, thank you for the responds. But can you be kindly specefic as to which provisions of the case diary should be supplied to the accused? 

shashikant bhardwaj (content writer)     30 November 2012

I ask you one question Sir/Madam, after bail procedure in The code Of criminal Procedure, 1973 so kindly reply

Biswaranjan Panda (ADVOCATE)     22 August 2018

Case diary

  • Writing of Case Diary is done under section 172 CrPC.
  • As per section 172 casts duty on every investigating officer to maintain diary of his investigation known as “case diary” or “special diary” or “ police diary” .
  • Under   the   provision   of   Section   172   Cr.P.C. every   Police   Officer   conducting investigation shall maintain a record of investigation done on each day in a Case Diary in the prescribed Form.
  • It contains every information regarding the case with every minute detail.
  • It is treated like a mirror which reflects the progress of investigation.
  • A case diary should consist of all relevant documents viz. rough sketch map with index, seizure list, arrest cum inspection memo, forwarding notes sent to the Ld. Court, etc.
  • A trial court may use it as an aid to its proceedings during trial.
  • Case Diary helps the IO to refresh his memory at the time of trial.
  • The statement of witness recorded during the course of investigation u/s 161 shall be inserted in the diary.
  • Sub-section (3) clearly lays down that neither the accused nor his agents shall be entitled to call for such diaries nor he or they may be entitled to see them merely because they are referred to by the courts. 

In case Shamushul Kanwar vs State of U.P

a criminal court can use the case diary to help an inquiry or trial but not as evidence.

The bench further said that  a combined reading of Section 172 of the Code of Criminal Procedure and Sections 145,159 and 161 of the Indian Evidence Act made it clear a trial court too was empowered to call for the case diary to aid it in trying the criminal case.

So”. So basic object behind the “case diary” is to enable the court to check the method of investigation adopted by the police.

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