Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 192: Diary of proceedings in investigation.
(1) Every police officer making an investigation under this Chapter shall day by day enter his proceedings 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) The statements of witnesses recorded during the course of investigation under section 180 shall be inserted in the case diary.
(3) The diary referred to in sub-section (1) shall be a volume and duly paginated.
(4) 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.
(5) 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 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 provisions of section 148 or section 164, as the case may be, of the Bharatiya Sakshya Adhiniyam, 2023, shall apply.
Brefe Detail
Section 192 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the procedures for maintaining a diary of proceedings during police investigations. It emphasizes the importance of documenting the investigation timeline, witness statements, and allows for judicial access to these diaries for aiding inquiries or trials.
Question & Answers
What is required from police officers during an investigation according to Section 192?
Every police officer must maintain a daily diary of their proceedings, detailing the timeline, locations visited, and circumstances discovered during the investigation.
Can witness statements be included in the case diary?
Yes, witness statements recorded during the investigation must be inserted into the case diary.
What is the nature of the diary mentioned in Section 192?
The diary must be a volume and duly paginated.
Can a Criminal Court access police diaries?
Yes, a Criminal Court may send for police diaries related to a case under inquiry or trial, but they can only use these diaries to aid the inquiry or trial, not as evidence.
Are the accused or their agents allowed to access these diaries?
No, the accused or their agents cannot call for or see these diaries unless they are used by the police officer to refresh their memory or by the Court to contradict the officer.
Example
- A police officer investigates a theft and documents the time the complaint was received, the start and end times of the investigation, locations visited, and witness statements in a diary.
- If a Criminal Court reviews the case, it can request the police diary to assist in understanding the investigation process, but the accused cannot demand access to it.
Summary
Section 192 mandates that police officers keep a detailed diary of their investigative actions, including timelines and witness statements. While these diaries can be accessed by courts for reference, the accused do not have the right to view them unless specific conditions apply.
