Question
Download Solution PDFPolice Officer making an investigation should enter his day by day proceedings in a diary under which of the following sections?
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFThe correct answer is Section 172 Cr.P.C.
Key Points
- Under Section 172 of the Criminal Procedure Code (Cr.P.C.), a police officer is legally required to maintain a case diary during the investigation process.
- The diary must include day-by-day proceedings, detailing the steps taken during the investigation and the evidence collected.
- This section ensures transparency and allows for judicial oversight of the investigation process.
- The case diary is accessible to the court under specific circumstances but cannot be used as evidence by the accused.
- The objective of Section 172 Cr.P.C. is to maintain an official record of the investigation for accountability and legal scrutiny.
Additional Information
- Criminal Procedure Code (Cr.P.C.)
- The Cr.P.C. is the procedural law governing the administration of criminal justice in India.
- It provides detailed guidelines for investigation, inquiry, trial, and punishment of offenses under Indian law.
- It was enacted in 1973 and has undergone several amendments to address emerging legal challenges.
- Case Diary
- A case diary is an official document maintained by investigating officers to record all actions taken during an investigation.
- It is a crucial element of the investigation process, ensuring documentation and accountability.
- It includes details such as evidence collected, witness statements, and other relevant facts.
- Judicial Oversight
- The case diary can be reviewed by a magistrate to assess the progress and legality of the investigation.
- However, Section 172 restricts its use by the defense as evidence, preserving its integrity as an investigative record.
- Other Relevant Sections of Cr.P.C.
- Section 161: Deals with the examination of witnesses by police during an investigation.
- Section 164: Provides guidelines for recording confessions and statements before a magistrate.
- Section 173: Mandates the submission of a final report (charge sheet) by the police upon completion of the investigation.
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