Case Diary
Gopal Krishna Behera
(Querist) 10 June 2011
This query is : Resolved
Whether the case diary can be given to the accused or his counsel?
PALNITKAR V.V.
(Expert) 10 June 2011
No except when the case diary has been referred to at the time of giving evidence in Court.
Gopal Krishna Behera
(Querist) 10 June 2011
The provision with regard to the case diary has been deal with under Section 172 of the Code of Criminal Procedure,1973.
The said Section provides that
(1) Every Police Officer making an investigation shall, day by day enter his proceedings of 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 diary of a case under inquiry or trial in such Court, and may use such diaries, not as evidence in the case, but to in aid in such inquiry or trial.
(3) Neither the accused not his agents shall be entitled to call for such diaries not 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 provision of Section 161 or Section 145, as the case may be, of the Indian Evidence Act, 1872, shall apply.
In view of the above, the case diary cannot be given either to the accused or his counsel.
Naresh Kudal
(Expert) 10 June 2011
the querist has himself well answered his owm question.
prabhakar singh
(Expert) 10 June 2011
so you are smarting us Mr. Behera????
PALNITKAR V.V.
(Expert) 10 June 2011
I differ with Mr. Behera. If a police officer relies upon case diary and refers to the contents thereof during his evidence in a trial, then according to Sec.172[3] accused is entitled to use the provisions of Sec. 161 or 145 which speak of contradiction/omission. In that case the case diary has to be exhibited and it can not be exhibited without tendering it into the court. Since the witness relies upon the entry in the case diary to support his oral evidence, the accused would be entitled to its copy to the extent the portion relied upon by the witness. It is the right of the accused to have copies of all the documents on which the prosecution relies upon in support of its case. In certain other circumstances also a person can call for the case diary. Pls see a link to judgment of the SC.http://www.indiankanoon.org/doc/705101/
Ravikant Soni
(Expert) 10 June 2011
well answered palnitkar vv sir.... excellent ..
Devajyoti Barman
(Expert) 11 June 2011
Yes but it can only be given to the accused or his counsel if during trial any part of it gets exhibited.
If not then only the court and the PP apart from the police has authority to look into it.
Sub section 3 of section 172 of crpc also makes it quite clear.
