Section 172 of CrPC : Section 172: Diary of proceedings in investigation.

Explanation using Example

Example 1:

Scenario: A Theft Investigation

Details:

• Incident: A theft occurs in a residential area in Mumbai.

• Police Officer: Inspector Sharma is assigned to investigate the case.

• Diary Entry:

  • Day 1:
    • Time Information Received: 10:00 AM
    • Time Investigation Began: 10:30 AM
    • Time Investigation Closed: 6:00 PM
    • Places Visited: Crime scene, nearby CCTV camera locations, local shops.
    • Circumstances Ascertained: Witnesses reported seeing a suspicious person near the house around 9:00 AM. CCTV footage from a nearby shop shows a person matching the description.

• Witness Statements: Inspector Sharma records statements from the house owner, neighbors, and shopkeepers under Section 161 and inserts them into the case diary.

• Diary Format: The diary is a bound volume with pages numbered sequentially.

Court Proceedings:

• Court Request: During the trial, the Criminal Court requests the police diary to understand the investigation process.
• Usage: The Court uses the diary to aid in the trial but does not treat it as evidence.
• Accused's Rights: The accused, Ramesh, and his lawyer cannot demand to see the diary unless it is used by Inspector Sharma to refresh his memory or to contradict his statements.

Example 2:

Scenario: A Road Accident Investigation

Details:

• Incident: A road accident occurs on the NH-48 near Delhi.

• Police Officer: Sub-Inspector Verma is assigned to investigate the case.

• Diary Entry:

  • Day 1:
    • Time Information Received: 2:00 PM
    • Time Investigation Began: 2:30 PM
    • Time Investigation Closed: 8:00 PM
    • Places Visited: Accident site, nearby hospital, witness residences.
    • Circumstances Ascertained: Eyewitnesses reported that a speeding truck hit a car. The truck driver fled the scene. Hospital records show the car driver is critically injured.

• Witness Statements: Sub-Inspector Verma records statements from the car driver’s family, hospital staff, and eyewitnesses under Section 161 and inserts them into the case diary.

• Diary Format: The diary is a bound volume with pages numbered sequentially.

Court Proceedings:

• Court Request: During the trial, the Criminal Court requests the police diary to understand the sequence of events.
• Usage: The Court uses the diary to aid in the trial but does not treat it as evidence.
• Accused's Rights: The accused, the truck driver, and his lawyer cannot demand to see the diary unless it is used by Sub-Inspector Verma to refresh his memory or to contradict his statements.