Diary of proceeding in investigation
AI Assist
Summary
Police must keep a day-by-day case diary during investigation, recording when information reached them, when investigation began and ended, places visited, and circumstances discovered. Statements recorded under section 161 must be inserted and the diary kept as a duly paginated volume. A criminal court may call the diary to aid its inquiry but it is not evidence. The accused cannot demand or inspect it unless it is used to refresh or contradict a police witness, when evidence-law rules apply.
Example
Priya files an FIR about a stolen motorcycle. The investigating officer notes when he received the information, when he began and closed searches, the places he visited, and inserts witness statements recorded under section 161 into the paginated case diary. Later the criminal court asks to see the diary to aid its inquiry; Priya cannot demand inspection unless the officer uses it to refresh his memory or the court uses it to contradict him.
Bare Act
Enacted text(1) 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.
1A. The statements of witnesses recorded during the course of investigation under section 161 shall be inserted in the case diary.
1B. The diary referred to in sub-section (1) shall be a volume and duly paginated.
(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.
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