Chapter XII
Section 172 CrPC: Diary of proceeding in investigation
New Law Update (2024)
Section 173 BNSS
TRIAL COURT
Punishment
Procedural – Investigation / Inquiry
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) Every police officer making an investigation under this Chapter shall day by day enter his proceedings 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.
Important Sub-Sections Explained
Section 172(2)
This sub-section empowers any Criminal Court to request police diaries related to a case under inquiry or trial. These diaries serve as an aid to the court for its proceedings but cannot be used as direct evidence in the case.
Section 172(3)
This crucial sub-section clarifies that neither the accused nor their agents generally have the right to demand or inspect these police diaries. However, access becomes permissible if the diaries are used by the police officer to refresh his memory or by the court to contradict the police officer, thereby engaging specific provisions of the Indian Evidence Act.
Landmark Judgements
Shamdeo v. State of Bihar (1998):
The Supreme Court clarified that police diaries cannot be treated as substantive evidence against an accused. Their use is limited to aiding the court in inquiry or trial, and for allowing a police officer to refresh memory or for the court to contradict him. Convictions cannot be based solely on entries in these diaries.
Balak Ram v. State of U.P. (1974):
The Supreme Court reaffirmed the limited scope of police diaries, stating that the accused generally has no right to inspect them. Access is only permissible if the diaries are used by the police officer for refreshing memory or by the court to contradict the police officer, thereby invoking provisions of the Indian Evidence Act.