Police Investigation

Writing Case Diary u/s 172 Cr.C.P by Investigating Police and its use

MAINTENANCE OF CASE DIARY

Writing of Case Diary is done under section 172 CrPC. It is written from time to time and step by step commensuration with the GDE of the PS. It is treated like a mirror which reflects the progress of investigation. It enables the Ld. Court to decide the merits of the case evidentially and senior officers to guide and supervise the investigation. A case diary should consist of all relevant documents viz. rough sketch map with index, seizure list, arrest cum inspection memo, forwarding notes sent to the Ld. Court, etc. A trial court may use it as an aid to its proceedings during trial. The manner in which an article is seized, packed, labeled, sealed and dispatched should be noted in full in the case diary. Remember that each step has to be proved before the Court of trial, in order to establish the identity and genuineness of both, the exhibit and the specimen. The chain of custody of the exhibits is to be proved beyond doubt before Court. The entries in case diary should be made with promptness, in sufficient detail, in careful chronological order with complete objectivity.(1983 Cr.LJ. 1081 SC).

Where prosecution and defence are both inadequate, CD will enable the court to rise up to the occasion and discover for itself the material facts and circumstances from the case diary, which can be brought to light through the witness examined in the case to arrive at the truth in the interest of justice.(AIR 1970 Assam 137 at p.142).

Writing and dispatch of CD:

Cases Diaries should be written promptly in the prescribed form, page numbered and dispatched without delay. The diary should be written from day to day. No case diary need be written if there has been no investigation on a particular day but the gap must be explained in the next CD.

Case Diary helps the IO to refresh his memory at the time of trial.

Checklist for writing of Case Diary:

1.  The case diary should always be written in the supplied prescribed  Government forms.

2.  The case diary should be always written in simple language.

3.  The case diary should be written at least in two copies. During investigation the CD should be kept by the IO in his own custody. Carbon/True copy of the same should be seat to CI office time to time.

4.  The case diary should cover all details of the investigation in its body such as rough sketch map with index, statement of witnesses, description of seizure etc. An abstract of the list of the property seize with a recorded of circumstances under which they were seized should be entered in the Case Diary.

5.  The synopsis of day to day investigation must be incorporated in the case diary.

6.  Chain of custody of seized property must be incorporated in the case diary.

7.  The case diary should be kept with utmost care and it should not be kept in an open place.

8.  In no circumstances, it should reach to the hand of suspects/accused/defense lawyer.

9.  Case diary should be paginated properly, a brief note of the case should be incorporated in case docket which includes case reference, name of the complainant, date and time of occurrence, name of the FIR named accused, name of the IO, details of seizure made, name of the arrested accused with date etc.

10.  A ‘Memo of Evidence’ as per prescribed format should be incorporated with the case diary to have a clear picture on the progress of investigation.

11.  The CD should be written up to date and forwarded to the Magistrate with the accused to enable the Magistrate to decide the matter. Magistrates do not grant remands to police unless they are satisfied (Judicial satisfaction and Reason) that there are good grounds to do so. The grounds for remand must be specifically mentioned in the application supported by the entries in Case Diary Generally police remand is required for :

 Knowing the details of the offence and arrest of other accomplices
 Make recovery or collect physical evidence
 Make recovery of the stolen articles etc.
 An accused who has been produced before a Magistrate for a confession and who has declined to make it or has given an unsatisfactory statement will not be remanded to police custody.

An accused can be taken into police custody for a maximum period of 15 days from the date of his / her arrest/ surrender in court. It is  to be shown in the case diary that such custody is necessary for the identification of any person, or the discovery or identification of any property or any special reason.

12.  It is desirable to hold T.I. parade without unnecessary delay. The delay, if any must be explained to the magistrate with a request to record the same in his TI parade report and the delay must be explained in the Case Diary.

13.  Submission of report in final form and closing of Investigation Case Diary should be accompanied.

Departmental requirements of CD:

For the purpose of departmental record and supervision, a CD should also contain a record of –

 The sending of information, express or ordinary, to the departmental superiors under the rules.
 The requisition of the services of experts.
 The reference made to the crime records.
 The verification of the complicity of the possible criminals
 The issue of Hue and Cry notices, inquiry slips and other steps taken to obtain co-operation or help from whatever quarter.
 The disposal of manpower and equipment in furtherance of the investigation.
 The clues found at the spot and the action taken to preserve develop and submit them to expert examination
 The verification of the statement made or alibi claimed during the investigation
 The theories formed after the investigation and the reason for the discard of any
 The lines of further investigation proposed, and
 The final probabilities or facts of the case as determined on conclusion of investigation.

A CD as required by section 172(1) CrPC should contain a record of:

a. The time at which the information reached the IO.
b. The time at which he began and closed his investigation every day.
c. The place visited by him, and the steps taken by him every day.
d. A Statement of the circumstances ascertained through his investigation.
Investigation in item (d) above means all proceedings under this Code for collection of
evidence conducted by a police officer (Section 2(1) CrPC) and would include, in particular:

 A description of the scene of offence,
 A Statement of witnesses, suspects or accused examined with date and time and proper identification.
 The death caused or injury inflicted and action taken. (Inquest, post mortem, medical attention etc. as a result).
 A description of property stolen or damaged,
 The searches, seizures and arrests made with date and time and venue and further action taken, and the disposal of the case. Index of the Sketch Map should be mentioned in the Case Diary in separate sheet of paper. Always supply a copy of the seizure list to the person from whom the articles were seized. Whenever an article is seized, it is the Court`s property and so the original seizure list is always sent to the Court immediately and the duplicate copy of the same will remain in the case Diary. Reference of such seizure must be laid down in Police Station General Diary Book(GD entry) as well as Property Register of the PS.

Investigation:

The case diary should include the following:
 Index of contents
 Initial reports
 Follow up reports
 Evidence reports
 Medical reports
 Witness statements
 Accused statements
 Background of Accused
 Background of deceased
 Photographs with negatives/memory card.
 Video tape or record of Accused statement.

Read more Investigation under Bengal Police regulations

Proceedings to be noted in Case Diary:

 Gist of information
 Consultation of PS records especially in case of crime against property and its outcome.
 Visit of SOC and its description with sketch map, and index, photograph etc.

 A true record of the observation at the scene of crime together with a statement and reason for such statement of circumstances ascertained
 Date, time and places visited should be chronologically noted.
 Every action related to the case performed by the IO should be recorded.
 Details of Search/seizure/arrest / examination of witnesses with their respective place should be recorded.
 Name, age, address and other particulars of the witnesses examined and complete true
statement recorded under section 161 CrPC should be inserted in case diary. Each and every step of investigation including forwarding of any accused, reports, documents, seized articles sent to experts, their opinion with date and time of dispatch and receipt.
 Formation of Opinion/ Opinion of OC and senior officers and report in Final Form stating full particulars of accused / witnesses/ and Police officers involved in investigation of the case.

Remand and CD

Relevant Case Diary and statement of the accused must be sent along with remand prayer to justify the grounds of remand before the Magistrates should not grant remands to police unless they are satisfied that there are good grounds to do so. It is shown in the case diary that such custody is necessary for the identification of any person, or the discovery or identification of any property or any special reason. The grounds for remand must be specifically mentioned in the application supported by the entries in Case Diary.

Generally police remand is required for :

 Knowing the details of the offence and arrest of other accomplices
 Make recovery or collect physical evidence
 Make recovery of the stolen articles etc.
 An accused who has been produced before a Magistrate for a confession and who has declined to make it or has given an unsatisfactory statement will not be remanded to police custody.

To be remembered that an accused can be taken into police custody for a maximum period of 15 days from the date of his / her arrest/ surrender in court.

West Bengal Police Order No. 11 of 1957

Sub:- Requisition of the services of Police Dogs.

Police Dogs by their extraordinarily developed power of distinguishing sent can trace the path taken by a culprit and ultimately by following the path to the culprit. It is very necessary that the services of the dogs should be requisition and brought on the scene of occurrence with the least possible delay before the scent disappears completely. If an Investigating officer finds any articles footprints or palm prints left behind by a culprit he should immediately send a requisition by the quickest possible means (including telephone radiogram) to the Principal, Police Training College to send a police dog to the scene. The requisition shall mention the quickest route. The result of the work done by the dog shall be duly incorporated in the case diary[Extract]

West Bengal Police Order No. 17 of 2012

Sub:- Duties of Court Officers.

The court officers stationed everywhere shall also ensure that Case Diaries are placed before the court making requisition for production of Case Diary in time, and they are returned to the concerned Investigating Officer as soon as the case is decided.

The Court officers shall make themselves acquainted with the contents of the Case Diaries if the said Case Diaries do not contain full particular evidence he shall ask the Officer-in-charge of the Police Station concerned / Investigating Officer concerned to incorporate seizure list, medico – legal expert opinions (whenever required), list of prosecution witness and other relevant documents necessary for prosecution of cases.

The said Court officer shall send a brief note to the Superintendent of Police concerned in cases there arises break down in trial and the reasons for such failure.

The Court officer shall make proper liaison with District Magistrate concerned for all appeals, applications for revision before the High Court for Court of Sessions whenever required to follow the mandates of Regulation – 461 and CI (a) of Regulation – 462.

(Naparajit Mukharjee)
Director General & Inspector General of Police
West Bengal.

Police failure to produce Case Diary before Session Judge on the day of hearing of Bail or before Magistrate on Notice : No further date for hearing or remand should be granted( Arts 21/22 of Constitution of India).

Abbreviation used in CD

PO : Place of Occurrence
DO : Date of Occurrence
DR : Date of recording the FIR
DD : Date & time of departure for PO from PS Introduction of the CD.
DA : Date & time of arrival at the Place of Occurrence
RO : Recording officer
IO : Investigating officer


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