case diry in investigation

Aashish Satpute. (Querist) 21 November 2010 This query is : Resolved
whether police is bound to give the information contained in case diary through the provisions of RTI,to the accused person?????

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Advocate. Arunagiri (Expert) 21 November 2010
Yes. Some departments of Police (CCB, CBCID etc) are exempted under RTI act. As for a local police station, they are bound to give information. But, they may reject to provide the info if the case is pending.

Guest (Expert) 21 November 2010
No. Police is not bound to give the information contained in case diary....

Section 172 of the Code of Criminal Procedure
relates to case diary of proceedings in investigation. The same is reproduced as
under:
(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 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
court1; 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.

Access to information under Section 3 of the RTI Act, is the rule and exemptions under Section 8, the exception. Section 8 being a restriction on this fundamental right, must therefore is to be strictly construed. It should not be interpreted in manner as to shadow theg very right self. Under Section 8, exemption from releasing information is granted if it would impede the process of investigation process cannot be a ground for refusal of the information, the authority withholding information must show satisfactory reasons as to why the release of such information would hamper the investigation process. Such reasons should be germane, and the opinion of the process being hampered should be reasonable and based on some material. Sans this consideration, section 8(1) (h) and other such provisions would become the haven for dodging demands for information.

Dineshwar Singh Kaushik (Expert) 21 November 2010
NO.Police is not bound to give the information collected during the course of investigation directly to the accused person

Arvind Singh Chauhan (Expert) 21 November 2010
Police is not bound to furnish information about case diary but bound to furnish the copy of General diary. If the information is sought tactfully you can meet the purpose through it.

Anish goyal (Expert) 21 November 2010
I have read a order by CIC from punjab by which he held that case diary can be accessed through RTI,
Don't have other details. Sorry