CrPc-Case Diary

Not the diary of the case, but the statements of witnesses recorded by the investigating officer,, during his investigations are to be used by the defense counsel to contradict the witness. 

No, it is not permitted , only the court can view the case Diary.

What are the facts? What is the context?

no

I stands by my statements of law. 

Hi,

Your case is regarding the admissibility of a case diary as evidence.

A case diary is a record of daily investigation into a case. Under the provision of Section 172 of the Criminal Procedure Code (CrPC) a police officer conducting the investigation is required to maintain a record of investigation done on each day in a particular case.

The only time the accused person can see the diary is if the court uses the details in the diary to contradict the submissions made by the police officer in the court. This exception is provided by the provisions mentioned under the Indian Evidence Act, 1872.

The supreme court in a recent judgement stated that a criminal court can use the case diary to help an inquiry or trial but not as evidence. This position is made clear by Section 172(2) of the CrPC. The Supreme Court has ruled that no court should rely on a case diary as evidence and acquit or convict an accused on the basis of that.

I hope this solves your query.

Regards,
Archit.

Question is:

Can the dairy of proceedings in investigation be considered as evidence during trial? Answer to this has been given bt Archit Uniyal, with the Supreme Court observatiobs, and I also agree to the sme as far as case diary is concerned. But the querist has not men5tion what actually do you wish to be considered by the court from the case diary? Case diary consists of many things recorded by the investigating officer, but all those entries are not prohibited, but in absence of specefic matters which you wish to be cdonsidered as evidence by the court is not mentioned., and it is left with partial responds only, that is case diary maintained by the investigating officer in course of his investigations..