Section 172 CrPC: Diary of Proceedings in Investigation and Section 192 BNSS

Section 172 of the Code of Criminal Procedure, 1973 requires investigating police officers to maintain a daily case diary. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 192, which governs recording, court use and restricted access to police investigation diaries.

What is a police case diary?

A police case diary is the chronological record maintained by the investigating officer of investigative steps taken each day. It records when information was received, when investigation began and ended, places visited and circumstances discovered. It assists judicial scrutiny of an investigation but is not, merely by being a case diary, substantive evidence of the facts recorded in it.

Section 172 CrPC, 1973: statutory requirements

Sub-section (1): Daily investigation record

Every police officer conducting an investigation under the relevant Chapter must enter day-to-day proceedings in a diary, including the time information reached the officer, the start and close of investigation, locations visited and circumstances ascertained.

Sub-section (1A): Witness statements

Statements of witnesses recorded during investigation under Section 161 CrPC must be inserted in the case diary.

Sub-section (1B): Form of diary

The case diary must be maintained as a volume and be duly paginated. Sub-sections (1A) and (1B) were inserted by Act 5 of 2009, Section 15, with effect from 31 December 2009.

Sub-section (2): Use by criminal courts

A criminal court may call for the police diaries of a case under inquiry or trial before it and use them to aid the inquiry or trial, not as evidence in the case.

Sub-section (3): Access by accused and limited exceptions

The accused or their agents are not entitled to call for or inspect the diaries merely because the court refers to them. If the investigating police officer uses a diary to refresh memory, or the court uses it to contradict that officer, the relevant safeguards of Section 161 or Section 145 of the Indian Evidence Act, 1872, as applicable, operate.

Section 192 BNSS, 2023: current provision

Section 192 BNSS, titled Diary of proceedings in investigation, carries forward the essential requirements in five sub-sections:

1. Section 192(1): Daily entries describing the investigation, timing, places visited and facts ascertained.
2. Section 192(2): Inclusion of witness statements recorded under Section 180 BNSS.
3. Section 192(3): Maintenance of a duly paginated diary volume.
4. Section 192(4): Criminal courts may summon and use case diaries to aid an inquiry or trial, but not as evidence.
5. Section 192(5): No general entitlement of the accused to demand or inspect the diary; where used to refresh the officer's memory or contradict the officer, Section 164 or Section 148 of the Bharatiya Sakshya Adhiniyam, 2023 applies, as the case may be.

Read the official BNSS text on India Code and the BNSS statutory provisions published by NCRB.

Section 172 CrPC and Section 192 BNSS: key references

Practical significance of the case diary

Proper diary entries help courts assess the chronology and conduct of an investigation, including whether significant investigative steps were recorded. However, a diary entry does not automatically prove the truth of its contents. The restrictions on access protect the investigative record, while the statutory exceptions preserve procedural safeguards where an officer relies on the diary to refresh memory or is contradicted using it.

The question of which procedural code applies to a particular matter may depend on the commencement date, the stage of the investigation or proceeding and the saving provisions of the BNSS. Case-specific legal advice may therefore be necessary.

Frequently asked questions

Is a police case diary admissible as evidence?

The court may use it to assist its inquiry or trial, but Section 172(2) CrPC and Section 192(4) BNSS expressly prohibit treating the diary itself as evidence in the case.

Can an accused obtain the police case diary as a matter of right?

No. The provisions restrict any automatic right to demand or inspect the diary merely because a court refers to it. Specific statutory exceptions apply where it is used to refresh the investigating officer's memory or to contradict that officer.

Which BNSS section replaces Section 172 CrPC?

Section 192 BNSS is the corresponding provision on diaries of proceedings in investigation.

Official legislation and reference materials

• India Code: Bharatiya Nagarik Suraksha Sanhita, 2023
• Bureau of Police Research and Development: New Criminal Laws
• National Crime Records Bureau: BNSS chapter-wise provisions
• Bharatiya Sakshya Adhiniyam, 2023 (court-hosted statute PDF)

This article provides general legal information and does not replace professional advice on the facts of a particular case.