CrPC Section 172 — Diary of proceedings in investigation

Summary

Sub-section (1) requires every police officer investigating under this Chapter to enter the proceedings of the investigation in a diary each day. The diary must state when the information reached the officer, when the investigation began and ended, the places visited, and the circumstances found through the investigation.

Sub-section (1A) requires statements of witnesses recorded during an investigation under section 161 to be inserted in the case diary.

Sub-section (1B) requires the diary mentioned in sub-section (1) to be kept as a volume with its pages duly numbered.

Sub-section (2) allows a Criminal Court to call for the police diaries of a case being examined or tried before it. The Court may use them to assist with that inquiry or trial, but not as evidence in the case.

Sub-section (3) says the accused and their agents are not entitled to call for the diaries or to see them merely because the Court refers to them. If the police officer who made a diary uses it to refresh their memory, or the Court uses it to contradict that officer, the relevant provisions of section 161 or section 145 of the Indian Evidence Act, 1872 apply, as the case may be.

Official Text

(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. 1[

(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.

Sections referred to

• CrPC §145 — Procedure where dispute concerning land or water is likely to cause breach of peace
• CrPC §161 — Examination of witnesses by police

Related Judgments

• P. CHIDAMBARAM vs DIRECTORATE OF ENFORCEMENT — Supreme Court of India (2019)
• STATE OF KERALA vs BABU AND ORS — Supreme Court of India (1999)
• Ajit Atmaram Apraj. vs The State of Maharashtra — Bombay High Court (Mumbai Principal Seat) (2017)
• Deepti Anil Devasthali and; Leena Anil Devastnali vs State of Maharashtra — Bombay High Court (Mumbai Principal Seat) (2009)
• SIDHARTHA VASHISHT @ MANU SHARMA vs STATE (NCT OF DELHI) — Supreme Court of India (2010)
• MAHABIR SINGH vs STATE OF HARYANA — Supreme Court of India (2001)

Old <-> New Code Mapping

• BNSS §192 — Diary of proceedings in investigation