CrPC Section 172: Investigation Diary – Complete Guide & Analysis

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CrPC Section 172: Investigation Diary – Complete Guide & Analysis

1. State the Code

CrPC Section 172:
“Every investigation officer shall, in every case investigated by him, record in a diary, called the investigation diary, all the material particulars of the investigation conducted by him and the steps taken by him in the course of such investigation.”

2. Explanation

CrPC Section 172 mandates that every investigating officer (IO) must maintain an investigation diary. This diary serves as a chronological record of all the actions taken during the investigation of a crime. It is a crucial document that helps ensure transparency, accountability, and proper documentation of the investigation process.

The investigation diary must include:

  • Details of the crime being investigated.
  • Information about the suspects and witnesses.
  • Actions taken by the IO, such as interrogations, searches, seizures, and collection of evidence.
  • Details of any evidence found and its preservation.
  • Dates and times of all investigative actions.

The diary should be written in a clear and concise manner, using a neutral tone and avoiding subjective opinions. It should be readily accessible to superiors and the court.

3. Illustration

Scenario: A theft case is being investigated. The IO, in his investigation diary, records the following:

  • Date and time of the crime reported.
  • Details of the stolen items and the victim’s statement.
  • Interrogation of the suspects, their alibis, and inconsistencies in their statements.
  • Search of the suspects’ premises and recovery of stolen items.
  • Collection of fingerprints from the crime scene.
  • Witness statements obtained and their corroboration with other evidence.

This diary serves as a detailed record of the IO’s actions and findings, providing a clear picture of the investigation process.

Also Read  Section 7 CrPC: Territorial Divisions of India - Code of Criminal Procedure

4. Common Questions and Answers

Q1. What is the purpose of the investigation diary?

The investigation diary serves multiple purposes:

  • To ensure a transparent and accountable investigation process.
  • To provide a chronological record of all actions taken.
  • To assist the IO in remembering details of the investigation.
  • To facilitate the preparation of charge sheets and other legal documents.
  • To allow the court to understand the investigation process and evaluate the evidence.

Q2. Who can access the investigation diary?

The investigation diary is primarily intended for the IO’s use, but it can be accessed by:

  • The IO’s superiors.
  • The prosecution team.
  • The court.
  • The defense counsel, with permission from the court.

Q3. What are the consequences of failing to maintain an investigation diary?

Failure to maintain an investigation diary can have serious consequences:

  • The IO may face departmental action for negligence.
  • The investigation may be deemed incomplete or unreliable.
  • The prosecution case may be weakened in court.
  • The accused may be acquitted due to lack of proper evidence.
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