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Scanned Judgements…!
Police Diary - The police diary is primarily a record of day-to-day investigations maintained by the investigating officer. Neither the accused nor their agent has the right to call for or view the diary during inquiry or trial. The Supreme Court has emphasized the sanctity of the diary under Section 172 of the Cr.P.C., stating that it is not meant for disclosure to the accused, and a failure to maintain it properly does not render evidence inadmissible. Different states may have provisions for general diaries, but the core principle remains that access to police diaries by the accused is restricted. ["2023 0 Supreme(All) 1679"], ["2025 0 Supreme(All) 2249"]
Provisions for Keeping Diaries - The law mandates police officers to maintain a general diary recording complaints, investigations, and other relevant information in prescribed formats. The general diary is distinct from the case diary, but both are subject to restrictions under Section 172 Cr.P.C. regarding their production and inspection. Courts have held that the police diary cannot be summoned or inspected by the accused unless specific circumstances or judicial directions are met. ["2024 0 Supreme(All) 1939"], ["2023 0 Supreme(Jhk) 1470"], ["2023 0 Supreme(Mad) 782"]
Court's Power and Limitations - The Supreme Court has clarified that while police are required to maintain diaries, these are not generally accessible to the accused during proceedings. However, in certain cases, courts may examine the diaries for establishing facts or verifying FIRs, but this is subject to legal restrictions to prevent prejudice. The production or inspection of diaries, including general diaries, must comply with statutory provisions and judicial rulings. ["2023 0 Supreme(All) 1679"], ["2025 0 Supreme(Jhk) 263"], ["1984 0 Supreme(All) 1122"]
Conclusion - There is no provision in the Supreme Court or Cr.P.C. that grants the accused an automatic right to keep or access the police case or general diaries. Such diaries are confidential records maintained by police officers, and their inspection is generally restricted unless explicitly permitted by law or court order under specific circumstances. The legal framework prioritizes the integrity of police records while balancing the rights of the accused within the bounds of statutory and judicial guidelines.
References:- Supreme Court judgments and provisions under Section 172 Cr.P.C.- Decisions emphasizing the restricted nature of police diaries and their non-disclosure to the accused.
In the intricate world of Indian law, record-keeping forms the backbone of judicial and administrative processes. A common query arises: Whether there is any Provision in the Supreme Court to Keep Diary? Often referred to as '' in Hindi, a diary typically chronicles daily activities, entries, or proceedings. But does the or the broader judiciary mandate such a practice? This blog post delves into the legal landscape, drawing from statutory rules, manuals, and case precedents to provide clarity.
While courts maintain meticulous records through orders, minutes, and judgments, the concept of a 'diary' is more aligned with administrative roles than core judicial functions. Let's break it down step by step.
A 'diary' in legal parlance isn't a casual notebook but a structured log. In administrative setups:- (land record officers) are explicitly required to maintain a . mandates to keep both a diary () and a workbook 1991 0 Supreme(HP) 33. details entries like changes in cultivation, occupancy, and rent 1991 0 Supreme(HP) 33.
These are administrative tools for land management, not judicial proceedings. The Supreme Court documents do not reference any similar mandate for judges or courts.
In contrast, judicial record-keeping relies on formal mechanisms like , , and digital case management systems.
Legal analysis of available documents reveals no statutory or procedural provision in the Supreme Court or Indian judiciary mandating a diary for judicial purposes. Courts follow the , and other procedural codes, which emphasize documented proceedings over daily diaries.
The absence of direct references implies no codified requirement at the apex level.
While Supreme Court judiciary lacks diary provisions, 'diary' appears prominently in criminal investigations under the .
In one case, an accused sought court initials on each case diary page for authenticity, but the court refused: signing diary on each page was an implied mandate though there was no provision... in the Rules 2024 0 Supreme(Kar) 537. The court held it cannot impose requirements not in law, upholding 2024 0 Supreme(Kar) 537.
applications often reference case diaries: Upon perusal of the materials in the case diary... 2023 0 Supreme(Cal) 1156. remains the rule, but diaries inform discretion 2023 0 Supreme(Cal) 1156.
Police pocket diaries also feature: Officers are supposed to keep pocket diary but lapses occur 2012 0 Supreme(Bom) 882.
Distinguishing these is key:
| Aspect | Administrative (e.g., Patwari/Police) | Judicial (Supreme Court/Courts) ||--------|--------------------------------------|---------------------------------|| Diary Mandate | Yes, e.g., for land changes 1991 0 Supreme(HP) 33 | No explicit provision || Purpose | Daily logs, investigations | Formal orders, judgments || Legal Status | Supporting evidence if relevant | Primary records under court rules |
Witness diaries have surfaced in trials: Defence produced a xerox copy of the dairy maintained by this witness to challenge presence 2009 0 Supreme(Guj) 460. Such diaries aid credibility but aren't judicial mandates.
Judicial precedents reinforce reliance on formal records:- In murder appeals, case diary lapses undermined prosecutions: discrepancies in witness testimonies and procedural lapses 2024 0 Supreme(SC) 281.- No court can mandate unsanctioned diary practices: The court cannot impose procedural requirements not specified in existing laws 2024 0 Supreme(Kar) 537.- Even in sensitive cases like , diaries inform but don't dictate without statutory backing 2023 0 Supreme(Cal) 1156.
Supreme Court directives, like CCTV in police stations, highlight modern record-keeping over traditional diaries 2022 0 Supreme(Bom) 1143.
Other contexts, such as temple rules or debt recovery, emphasize statutory adherence without diary mentions 2019 0 Supreme(AP) 275, 2012 0 Supreme(Kar) 652.
In summary, there is no provision in the Supreme Court or Indian judiciary today mandating a diary () for judicial proceedings. References are limited to administrative roles like land records 1991 0 Supreme(HP) 33 or police investigations 2024 0 Supreme(SC) 281. For judicial matters, adhere to court rules and official documentation.
Recommendation: Consult relevant manuals for administrative needs and court procedures for litigation. This analysis is for informational purposes only and does not constitute legal advice. Always seek professional counsel for specific cases.
Stay informed on evolving legal practices—record-keeping ensures transparency and justice.
#SupremeCourtIndia, #JudicialRecords, #LegalDiary
The police diary is only a record of day-today investigation made by the investigating officer. Neither the accused nor his agent is entitled to call for such case diary and also are not entitled to see them during the course of inquiry or trial. ... It was in this context that the sacrosanctity of the case diary under Section 172 of the Code was pronounced upon by their Lordships of the Supreme Court, no....
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 ... 120.8 Since the General Diary/Station Diary/Daily Diary is the record of all information received in a police station....
Police officers to keep diary. ... Whenever a homicide happens, an investigating officer is expected to cover all the aspects and, in the process, shall always keep in mind as to whether the offence would come under Section 299 IPC sans Section 300 IPC. ... The appellant by uttering the words “Today I shall pay all your dues”, attacked the deceased Gajendra Singh with a knife inflicting two fatal blows on....
It was submitted that, signing diary on each page was an implied mandate though there was no provision in that regard in the Rules framed by the State. ... The appellant-accused had submitted a memo with the trial court to summon the case diary and further requested to put initial to authenticate the entries on each page of the diary, which application came to be rejected on 16th November 2022 by the Court, on the ground t....
Upon considering the judicial decisions discussed above it will appear that law laid down in different judicial pronouncements that bail is the rule and jail is the exception holds good even today unless there is provision under special law creating bar in the grant of bail. ... Upon perusal of the materials in the case diary although it would not be proper to make observation on the merits of the case but it should be decided as to #HL_STA....
The real question, therefore, is whether the act committed is directly concerned with the official duty.” 14. ... his official duty”, the yardstick to be followed is to form a prima facie view whether the act of omission for which the accused was charged had a reasonable connection with the discharge of his duties. ... No.702 of 2011 has created the said station diary entry in violation of the Rules. It was also alleged that there is change....
The petitioners claim an unfettered right to make roving inspection of the entries in the case diary regardless of whether these entries are used by the police officer concerned to refresh his memory or regardless of the fact whether the court has used these entries for the purpose of contradicting such ... In response to the said argument, learned senior counsel appearing for the appellant has submitted that the case diary#HL_END....
This is to be done within a period of six weeks from today. (emphasis supplied) 23. The Supreme Court registry to send a copy of this Order to all Chief/Principal Secretaries of all the States and Union Territories, both by physical as well as electronic means, today itself." ... aforestated Order of the Supreme Court. ... If the recording equipment, available in the market today, does not have the capaci....
However, in view of the later judgment of the Hon''ble Supreme Court, which has been referred supra, this Court falls in line with the judgment of the Hon''ble Supreme Court and holds that a General Diary also falls within the scope of Section 172 of Cr.P.C, and the bar that has been provided under Section ... As already discussed, in the facts and circumstances of the case, this Court is of the considered view that the production of Genera....
(2017) 7 SCC 668 , the Hon’ble Supreme Court held that neither the accused nor his agent is entitled to call for such case diary and also are not entitled to see them during the course of inquiry or trial. ... He has relied upon a decision of the Hon’ble Supreme Court in the case of Rohit Bishnoi v. State of Rajasthan &Anr.: a href="./.. ... (2) The statements of witnesses recorded during the course of investigation under Section 180 shall....
While considering any rule or provision on the ground of violation of fundamental right, the Court must keep in mind whether there is any basis for reasonable classification.
Therefore, while considering any rule or provision, the Court must keep in mind whether there is any basis for reasonable classification.
The nature of adjudication which the court has to do is to keep in mind whether there is any alternate and efficacious remedy provided under the law other than civil court to ascertain whether any action under any provision gives finality to the action taken. If there is an express bar of jurisdiction of the court, then examination of the scheme of that particular Act (law) to find the adequacy or sufficiency of the remedies provided may be relevant, but it is not a decisive ....
I 993, he was not having any pocket diary with him and was not aware whether Constable Kale was having pocket diary on that day, although they were supposed to keep pocket diary with them. However, he stated that he took about 15 minutes to reach the spot. He further stated that he was about 15 to 17 ft. Away from Laxmi Hotel and PW-8 P.C. Kale was with him on the spot. In cross-examination, he stated that on the relevant date i.e. 23.10.
Defence produced at Exhibit-21 a xerox copy of the dairy maintained by this witness wherein it is written that on 19th of June, 2001 i.e. on the day of the incident, he was gone on medical leave. Defence wanted to show that on 19.6.2001, according to the remarks in Exhibit-21 the witness was on medical leave and could not be present at the scene of offence and that he is not a truthful witness. He admitted that for his official activities he was required to keep a diary of daily acti....
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