Sec.

172
Sec.172(1) Every Investigation police officer is required to
enter day by day his proceedings in the investigation in a
diary.

The diary is popularly called “Case diary” or “Special diary” .

 Is to enable the Magistrate to know what was the day-
to –day information by the police officer who was
investigating the case and what were the lines of
investigation.

 To enable the court to check the method of

investigation by the police.
 It contains—

i. The time at which the information

reached him

ii. The time at which he began and closed

his investigation

iii. The place or places visited by him

iv. A statement of circumstances

ascertained through his investigation.
Sec.172(1A) The statements of witnesses recorded during the
course of investigation under Sec.161 shall be inserted in the
case diary.

Sec.172(1B) The diary referred to in Sub-Sec(1) shall be a

volume and duly paginated.
Sec.172(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.

No case diary can be used as substantive evidence or

corroborative of any fact stated therein.
Habeeb Mohammad v State of Hyderabad (AIR 1954
S.C.51.)
The supreme court has held that the police diary of a case
under inquiry or trial can be made use of by criminal court to
use such diary only for aiding it in such inquiry or trial.( but not
as evidence)

It can be used as aid in framing a charge against the accused

person.
Sec.172(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 .

The police officer who is conducting the investigation may

come across series of information which cannot be divulged to
the accused.
The Confidentiality is always kept in the matter of investigation
and it is not desirable to make available the police diary to the
accused .

If it is made available to the accused, it may cause serious

prejudice to others and even effect the safety and security of
those who may have given statements to the police.
Balakram v State of Uttarakhand and others (2017) 7SCC 668
Confidentiality is always kept in the matter of investigation and
it is not desirable to make available the police diary to the
accused on his demand. It is not open for accused to produce
certain pages of police diary obtained by him under provisions
of Right to Information Act for purpose of contradicting police
officer.
 It is obvious that accused is allowed to use the case diary for cross
examination of the police officer who made it only under two
circumstances.

i) If police officer, while giving evidence , refreshes his memory by

referring to the case diary (u/s 159 of I.E.Act).

ii) If the court uses the diary for the purpose of contradicting such a
police officer .(u/s 145 of I.E.Act)
Thank You