Diary of Proceedings in Investigation

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.