CASE
DIARY
CASE DIARY
Section 172
Code of Criminal Procedure
Is it binding in The Court of Law?
NO
they are not binding on the court
Is the accused entitled to see this case diary?
NO, he is not according to section 172 of
Code of Criminal Procedure, 1973 Provisions of section 145 or 161 of Indian
Evidence Act,1872 may apply if Police Officer uses the case diary to refresh
the memory of the accused.
What if the Police Officer does false entries?
For dealing with false entries Section 177 of the
Code of Criminal Procedure is present.
Reason of Inadmissibility in
Court
Case Diary is indeed an Official Document but there is no
surety of its contents being true as tampering with Case Diary
is possible and false entries are also a reason for making Case
Diary, not substantial evidence.
Guidelines for using Police Diary
1) Court can use the case diary for getting further evidence that might have been missed or
to know about any witnesses which might have been missed.
2) Court can use the Case Diary to know more about people involved who might have been
missed by the court but can lead to evidence.
3) High Court can go through the police diary to quash the lower court proceedings under
Section 482 of the Code of Criminal Procedure if an application is filed for it in case of the
correctness of the affidavit is at stake or if the correctness of the whole case is at stake.
Conclusion
It is clear that Case Diary play an important role first in the investigation by brushing up the
facts for the investigating officer than in the court by becoming that link that can lead to
answers to the crime. Case Diary has many a time been the turning point that leads the case
to a whole new different aspect. So understanding the importance of this becomes the most
important thing for all the police officers so that proper maintenance and due care can be
put towards the diary so that whenever needed the diary can be of great use.

Case Diary

  • 1.
  • 2.
    CASE DIARY Section 172 Codeof Criminal Procedure
  • 3.
    Is it bindingin The Court of Law? NO they are not binding on the court
  • 4.
    Is the accusedentitled to see this case diary? NO, he is not according to section 172 of Code of Criminal Procedure, 1973 Provisions of section 145 or 161 of Indian Evidence Act,1872 may apply if Police Officer uses the case diary to refresh the memory of the accused.
  • 5.
    What if thePolice Officer does false entries? For dealing with false entries Section 177 of the Code of Criminal Procedure is present.
  • 6.
    Reason of Inadmissibilityin Court Case Diary is indeed an Official Document but there is no surety of its contents being true as tampering with Case Diary is possible and false entries are also a reason for making Case Diary, not substantial evidence.
  • 7.
    Guidelines for usingPolice Diary 1) Court can use the case diary for getting further evidence that might have been missed or to know about any witnesses which might have been missed. 2) Court can use the Case Diary to know more about people involved who might have been missed by the court but can lead to evidence. 3) High Court can go through the police diary to quash the lower court proceedings under Section 482 of the Code of Criminal Procedure if an application is filed for it in case of the correctness of the affidavit is at stake or if the correctness of the whole case is at stake.
  • 8.
    Conclusion It is clearthat Case Diary play an important role first in the investigation by brushing up the facts for the investigating officer than in the court by becoming that link that can lead to answers to the crime. Case Diary has many a time been the turning point that leads the case to a whole new different aspect. So understanding the importance of this becomes the most important thing for all the police officers so that proper maintenance and due care can be put towards the diary so that whenever needed the diary can be of great use.