Section 172 of Cr.P.C. - Special Diary in Investigation Proceedings

Section 172 of the Criminal Procedure Code (Cr.P.C.)

Special Diary in Investigation Proceedings

The provision outlined in Section 172 of the Criminal Procedure Code (Cr.P.C.), which falls under the fifth volume (V) of the code, pertains to the requirement for Investigating Officers to maintain a special diary documenting the proceedings during an investigation. The primary purpose of this provision is to establish a systematic record of the investigation process. According to Section 172, the Investigating Officer is obligated to record various aspects of the investigation in this special diary, including:

1. Timing of Information: The time at which the initial information regarding the case was received by the Investigating Officer.
2. Commencement and Conclusion of Investigation: The precise time when the Investigating Officer began and concluded their investigation.
3. Visited Locations: Details of the places visited by the Investigating Officer during the course of the investigation.
4. Circumstances Ascertained: Statements outlining the circumstances discovered or ascertained through the investigation.

It's important to note that the special diary maintained under Section 172 of the Cr.P.C. is not intended to serve as direct evidence in the case. Instead, it serves as a tool to assist the court during trial or inquiry proceedings. Specifically, it facilitates the court in the following ways:

1. Aiding Witness Testimony: Section 172(2) of the Cr.P.C. enables the court to assist a Police Officer who is giving testimony. The officer can refresh their memory by referring to the notes made during the investigation. This helps in presenting accurate and consistent information during the trial.
2. Identifying Contradictions: The court can use the information recorded in the special diary to identify any contradictions between the statements made by the Investigating Officer during testimony and the information recorded in the diary.
3. Clarifying Evidence: During the trial, the court may utilize the special diary to clarify ambiguous points in the evidence or to extract relevant facts that are crucial for a fair trial.
4. Suggesting Questions: The diary can also be employed by the court to suggest questions for witnesses. If the court believes there is a reasonable basis for doing so, it can guide the questioning of witnesses based on the recorded information.
5. Ensuring Clarity: The special diary can be used to enhance the clarity of legal evidence, particularly when certain points need further elaboration or clarification.

In summary, Section 172 of the Cr.P.C. mandates the maintenance of a special diary by Investigating Officers to document investigation proceedings. This diary aids the court in trial and inquiry processes by facilitating accurate testimony, identifying contradictions, clarifying evidence, suggesting questions, and ensuring the overall fairness of the trial.