Section 44 Police Act, 1861: Police Officers to Keep a General Diary
Section 44 requires the officer in charge of a police station to maintain a general diary recording complaints, arrests, alleged offences, seized weapons or property and examined witnesses. It also permits the district Magistrate to call for and inspect the diary.
Full text of Section 44 of the Police Act, 1861
Police-officers to keep diary. It shall be the duty of every officer in charge of a police station to keep a general diary in such form as shall, from time to time, be prescribed by the State Government and to record therein all complaints and charges preferred, the names of all persons arrested, the names of the complainants, the offences charged against them, the weapons or property that shall have been taken from their possession or otherwise, and the names of the witnesses who shall have been examined.
The Magistrate of the district shall be at liberty to call for and inspect such diary.
Textual note: The uploaded historical text reads "in such form shall", an apparent omission of "as". The passage above uses the grammatical reading "in such form as shall" while retaining the substance of the source provision. Consult the official legislative text for authoritative wording.
Meaning of Section 44
Section 44 establishes an administrative duty to keep a general diary at the police station. The diary provides a contemporaneous institutional record of significant complaints, police-station activity and relevant details of persons and property. It is not a substitute for every separate document required during investigation.
Who is responsible?
The express duty falls on the officer in charge of a police station. The prescribed format, responsibility for entries, custody of the register and procedures for electronic records may be regulated by applicable state rules and police manuals.
What must be recorded?
| Record category | Information identified by Section 44 |
|---|---|
| Complaints and charges | Complaints received and charges preferred |
| Arrested persons | Names of persons arrested |
| Complainants | Names of complainants |
| Offences | Offences charged against the persons concerned |
| Weapons and property | Weapons or property taken from possession or otherwise |
| Witnesses | Names of witnesses examined |
Power of the district Magistrate to inspect the diary
The final sentence allows the Magistrate of the district to call for and inspect the general diary. This is an express statutory oversight provision. Its scope should not be confused with an unrestricted public right to obtain the entire diary or with a court's power to call for investigation records under procedural law.
General diary, FIR and investigation case diary: key differences
| Record | General function |
|---|---|
| General diary or station diary | Records police-station activity and particulars required by Section 44 and applicable local rules |
| First Information Report (FIR) | Formal record of information relating to a cognizable offence under the governing criminal-procedure provisions |
| Investigation case diary | Investigation-stage record maintained under the applicable procedural law; governed by specific rules concerning court use and access |
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), in force from 1 July 2024, includes Section 173 on information in cognizable cases and Section 192 on diaries of proceedings in investigation. These provisions address different records and legal functions. The former Code of Criminal Procedure, 1973 contained related provisions in Sections 154 and 172. The BNSS is subject to transitional and savings rules for older proceedings.
Practical significance of a properly maintained diary
- Accountability: Recording relevant station activity supports supervision and administrative review.
- Chronology: Contemporaneous entries may help establish the sequence of complaints, arrests and police actions.
- Property tracking: Recording weapons or property taken can support other mandatory seizure and custody documentation.
- Oversight: The district Magistrate's inspection power supports institutional scrutiny where the provision operates.
A general-diary entry does not automatically prove the truth of everything recorded. Questions of admissibility, evidentiary value, disclosure, access and corrections depend on the facts and the applicable evidence and procedural laws, including the Bharatiya Sakshya Adhiniyam, 2023, where applicable.
Can a citizen obtain a general diary entry?
Access is not granted without qualification by Section 44 itself. A person seeking information should check the applicable state police rules, criminal-procedure rights, judicial orders and the Right to Information Act, 2005, including exemptions protecting investigations, privacy and other legally protected interests. A request for an FIR copy is a separate issue governed by the relevant criminal-procedure provisions.
Historical legislative note retained
The original webpage records: "State Government" was substituted by the Adaptation Order, 1950 for "Provincial Government", which had itself been substituted by the Adaptation Order, 1937 for "L.G." (Lieutenant-Governor). This note explains the evolution of the terminology used in the provision.
Frequently asked questions
Is a general diary the same as an FIR?
No. A general diary is a police-station record of specified activity. An FIR is governed by the distinct legal requirements for information relating to cognizable offences.
Does Section 44 require every police officer to maintain the station diary?
The express statutory responsibility is placed on the officer in charge of the police station, although station personnel may make entries according to applicable rules and directions.
Can the district Magistrate inspect the diary?
Yes. Section 44 expressly permits the district Magistrate to call for and inspect the general diary, subject to the applicable legal framework.
Does Section 44 prescribe one national diary format?
No. It contemplates a form prescribed by the State Government. Applicable police rules, manuals and local law should be checked.
Does the BNSS abolish the general diary?
The BNSS regulates several criminal-procedure records, but it should not be assumed to repeal every independently applicable police-station diary obligation. Verify the operative state legislation and rules.
Official legal references
- India Code: Police Act, 1861 and current criminal legislation
- Ministry of Home Affairs: criminal-law information and notifications
- Legislative Department: central legislation and legal resources
- India Code: Bharatiya Nagarik Suraksha Sanhita, 2023 and Bharatiya Sakshya Adhiniyam, 2023
Updated November 2026. Confirm current state amendments, police rules and official statutory texts before relying on this article in a legal proceeding.