CrPC Section 172
Section 172 of the Criminal Procedure Code (CrPC), 1973 – Diary of Proceedings in Investigation
Overview:
Section 172 of the CrPC deals with the maintenance of a case diary by the police during the course of a criminal investigation. This diary records the day-to-day progress of the investigation, and although it is primarily for the internal use of the police, it can play an important role during a trial.
Text of Section 172 (Simplified):
Police Officer’s Duty to Maintain Diary:
Every police officer conducting an investigation must maintain a case diary, which includes:
Time and date when the investigation began,
Details of places visited,
Names of persons questioned,
Steps taken during the investigation.
Use of Diary by the Court:
The court may call for the diary to assist in judicial proceedings.
However, the diary cannot be used as evidence by either the prosecution or the defence.
Right of the Accused:
The accused has no right to inspect the diary.
However, if the police officer who created the diary is examined in court, the diary can be used to contradict him (under Section 145 of the Indian Evidence Act).
Detailed Explanation:
Purpose of the Case Diary:
To ensure transparency and accountability in investigation.
To provide a chronological record of all steps taken during the investigation.
Helps superior officers review and supervise the investigation.
Contents of the Diary:
Important facts such as:
Date and time of receipt of information,
Movements of the investigating officer,
Actions taken (searches, seizures, arrests),
Witnesses examined,
Statements recorded under Section 161 CrPC.
Judicial Access:
A Magistrate or Judge can examine the diary to:
Understand the investigation's course,
Make decisions regarding bail, discharge, or further investigation.
But cannot base the final judgment solely on the contents of the diary.
Limits on Use:
The defence cannot use the diary as evidence in favour of the accused.
It can only be used to contradict the testimony of the police officer who prepared it.
Legal Safeguard:
Prevents misuse or fabrication by requiring police officers to document their actions daily.
Helps prevent false claims by investigators and ensures that courts can scrutinize their conduct if necessary.
Practical Implications:
Maintains discipline in police investigations.
A useful tool for courts to assess whether the investigation was carried out fairly and diligently.
Allows for cross-examination of investigating officers in court.
Summary:
Section 172 of the CrPC requires police officers to maintain a detailed case diary during an investigation. The diary is not treated as substantive evidence but may be reviewed by the court and used to test the credibility of the investigating officer. This provision ensures both transparency and judicial oversight in criminal investigations.
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