Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 192
Code: 192
Explanation: This section of the BNSS mandates the detailed record-keeping by police officers during investigations. It outlines the specific information that must be documented in a diary, including:
- Time of receiving the information
- Start and end times of the investigation
- Locations visited
- Circumstances discovered during the investigation
Additionally, statements of witnesses recorded under Section 180 must be incorporated into the case diary. The diary is a bound volume with sequential page numbers.
Criminal courts have the authority to request police diaries for cases under inquiry or trial, but these diaries are not considered direct evidence. Instead, they serve as tools for the court to assist in their proceedings.
The accused and their representatives do not have the right to demand these diaries or view them simply because they are mentioned by the court. However, if the police officer uses the diary to refresh their memory, or if the court uses it to contradict the officer’s testimony, then the relevant provisions of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act) apply.
Illustration
Imagine a police officer investigating a theft case. They would record the time they received the report, the time they started and ended their investigation, the locations they visited (e.g., the scene of the crime, the victim’s house, potential suspect locations), and the details they gathered about the theft (e.g., description of stolen items, witness statements). All this information would be documented in the case diary.
Common Questions and Answers
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Q: Can the accused see the case diary?
A: Not directly, unless it’s used by the police officer to refresh their memory or by the court to contradict their testimony. -
Q: Can the court use the case diary as evidence?
A: No, the diary is not considered direct evidence. It is used as an aid to the court’s inquiry or trial. -
Q: Why is the case diary important?
A: It provides a detailed and chronological record of the investigation, ensuring transparency, accountability, and consistency in the investigation process.
