(a)Section 172, Code of Criminal Procedure, prescribes the case dairy which an investigating officer is bound by law to keep of his proceedings in connection with the investigation of each case. The law requires the diary to show-(i)the time at which the information reached him;(ii)the time at which he began and closed his investigation;(iii)the place or places visited by him;(iv)a statement of the circumstances ascertained through his investigation.Nothing which does not fall under one of the above heads need be entered, but all assistance rendered by Panchayats or presidents or members of union beards shall be noted. When the information given by the Panchayat or president or a member of a union board is of a confidential nature, his name shall not be entered in the case diary, but the investigating officer shall communicate his name and the information obtained from him in a separate report, and shall at the same time note briefly in the case diary that this has been done.Under heads (iii) and (iv) shall be noted the particulars of the house searches made with the names of witnesses in whose presence search was made (section 103, Code of Criminal Procedure); by whom, at what hour, and in what place arrests were made; in what place property was found, and of what description; the facts ascertained; on what points further evidence is necessary, and what further steps are being taken with a view to complete the investigation.The diary shall mention every clue obtained even though at the time it seems unprofitable, and every step taken by the investigating officer, but it shall be as concise as possible. The statements of witnesses shall not be recorded in the diary, but the names of all witnesses examined shall be given. The diary shall be a record of acts done by the officer and of the facts ascertained by him, i.e., of the result of his investigation.(b)A diary so composed, that is a diary which does not contain the statement of witnesses, is privileged. The Court may send for it and may use it, not as evidence, but as an aid in judicial enquiry or trial, but the accused has no right to call for it, or to see it even if referred to by the Court; the only exception is that when it has been used by the police officer who made it to refresh his memory or when the Court use it for the purpose of contradicting such officer, then the provisions of section 145 or section 161 of the Evidence Act, 1872 (I of 1872) shall apply.
