INTRODUCTION

Case diary
Case Diaries are important record of investigation carried out by an Investigating Officer. Any Court
may send for the Case 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.

Legal provisions regarding maintenance and use of case diary in investigation under section 172 of the
Code of Criminal Procedure, 1973.

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 shall apply.

The diary mentioned in Section 172(1) of the Code is called case diary or special diary. It is of
utmost importance that the entries in such a diary are made with promptness, in sufficient detail,
mentioning all significant facts, in careful chronological order and with complete objectivity.Slip
attached to injury report formed part of the case diary. The said document was not proved. Attention of
the investigating officer was not drawn thereto. No such question appears to have been raised before the
High Court.

The Supreme Court felt that they are really at a loss to understand as to how reliance has been placed
thereupon on the basis of a piece of paper which appeared in the case diary. It was held that it was
improper and deprecated such a practice.

The diaries might be useful for getting at the means for elucidating points which need clearing up or for
the discovery of relevant evidence. However, no such diary can be used as substantive evidence of any
fact stated therein. A criminal Court is not justified in reading confessions and statements found therein
and using such material to disbelieve the prosecution case or the defense case.

The Court is entitled for perusal to enable it to find out if the investigation has been conducted on the
right lines so that appropriate directions, if need be, may be given and may also provide materials
showing the necessity to summon witnesses not mentioned in the list supplied by the prosecution or to
bring on record other relevant material which in the opinion of the Court will help it to arrive at a proper
decision in terms of Section 172(3) of the Code. The diary cannot be used as evidence of any date, fact
or statement contained therein, but can be used only for the purpose of assisting the Court in the inquiry
or trial, or as suggesting the means of further elucidating the points which need clearing up and which
are material for doing justice between the State and the accused; or for the purpose of seeking for
sources and lines of inquiry and for the names of persons who may be in a position to give material
evidence. Cognizance cannot be taken on materials contained in case diaries independently of the final
report.1

Thus, it is clear from sub-section (3) of Section 172 that an accused is not entitled to get a copy of the
case diary or to see the contents thereof, except in two situations (both of these situations are relevant
during trial stage):

When the case diary is used by the police officer, who made it, to refresh his memory while he is
giving evidence in the case.

When the Court uses the case diary for the purpose of contradicting such police officer.

In these two situations (during trial stage), the accused may get access to the case diary for the limited
purpose as laid down in Sections 161 and 145 of the Evidence Act, as the case may be. 2

1 http://www.shareyouressays.com/119436/maintenance-and-use-of-case-diary-in-investigation-section-
172-of-crpc accessed on 15-11-2016

2 http://tilakmarg.com/answers/how-to-obtain-copy-of-case-diary-from-police-station/, accessed on 15-

11-2015
 CHAPTER-2
Evidentiary Value of Case Dairy