Section 172 of CrPC : Section 172: Diary Of Proceedings In Investigation

Explanation using Example

Imagine a scenario where a burglary takes place in a residential area. The local police station is notified, and Sub-Inspector Rohan is assigned to the case. As per Section 172 of The Code of Criminal Procedure, 1973, Sub-Inspector Rohan starts a case diary on the day the investigation begins. He records the exact time he received the information about the burglary, the time he started his investigation, the locations he visits, and the details of the findings from his investigation each day.

During the investigation, Sub-Inspector Rohan interviews several witnesses and records their statements as per Section 161. He meticulously includes these statements in the case diary, as required by subsection (1A).

The case diary is maintained as a bound volume with pages numbered, in compliance with subsection (1B), ensuring that the records are organized and tamper-proof.

Later, when the case goes to trial, the court, referencing subsection (2), requests Sub-Inspector Rohan's case diary to better understand the investigation's progress and to assist in the trial proceedings. The diary is not treated as evidence but as a tool to aid the court's inquiry.

Although the diary is discussed in court, the accused and their lawyers are not permitted to access it directly. However, if Sub-Inspector Rohan uses the diary to refresh his memory while testifying, or if the court uses it to challenge his testimony, then the accused's lawyers may invoke the provisions of the Indian Evidence Act to scrutinize those specific entries, as per subsection (3).