Introduction
Under the provision of Section 172 Cr.P.C., every Police Officer conducting the investigation shall maintain a record of investigation done on each day in a Case Diary in the prescribed Form. Case Diaries are important to record the investigation carried out by an Investigating Officer. Any Court may send for the Case 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.
Section 172 deals with the provision of the case diary. In this regard section 172 1 provides that every police officer making an investigation under the this chapter hsall day by day enter his proceedings in the investigation in a diary.
This section directs the investigation officer to keep a diary and enter the proceedings of the investigation. This is also called to be known as the “special diary” or police diary. This is directed to the investigating officer which to mention in the such diary that the time at which the information reached him, the time at which began and closed his investigation , the place or places he visited and a statement of the circumstances ascertained through his investigation. The statement of the witnesses recorded during the course of the investigation under section 161. These such diary shall be a volume and duly paginated.
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 Mm, and a statement of the circumstances ascertained through his investigation.
USE OF POLICE CASE DIARY
In case Shamushul Kanwar vs State of U.P
Held:
It is apparent from its bare interpretation without endangering to comprehensive and perilous scrutiny that the case diary is only a record of the day-to-day investigation of the investigating officer to establish the declaration of conditions established concluded the investigation. Under sub-section (2) of Section 172, the Court is permitted at the trial or review to use the diary not as evidence in the case, but as an aid to it in the inquiry or trial.
Neither the suspect nor his agent, by process of sub-section(3), shall be permitted to call for the diary, not shall he be permitted to use it as evidence only because the Court mentioned to it. Only right assumed there under is that if the Police Officer who constructed the entries in the diary uses it to enliven his memory or if the Court uses it for the determination of reversing such witness, by maneuver of Section 145 of the Evidence Act, it shall be used for the determination of reversing such witness i.e., Investigation officer or the Court
It means this section agreements with or displays that what a “special” diary of a police-officer making an investigation should comprise. Every police-officer creation an investigation shall arrive his accounts in a diary which may be secondhand at the trial or analysis, not as evidence in the case but aid the court in such review or an investigation ongoing under section-174 of the code.
The thing of sound track “case diaries” under this section is to empower courts to check the process of investigation by the police. The admittances in a police diary should be made with punctuality in satisfactory particulars stating all noteworthy facts on vigilant chronological order and with complete impartiality. The slapdash conservation of a police case diary not only does no credit to those in authority for preserving it but overthrows the very determination for which it compulsory to be preserved.
CONCLUSION
At last we conclude have seen that use of case diary in which persistence and in which incomes case diary is used. We have also seen that the delivery connected to case diary related associated conversed in Section 172 of the code of criminal proceeding. To distinct and also deals the how can use the case diary. The diary mentioned to in this section is the “special diary” known as “station-house report.”
This case brief has been written by Jagriti Thakur of Llyod Law College.
