Diary of proceedings in investigation
Section 172 of the Code of Criminal Procedure, 1973 deals with diary of proceedings in investigation. Every police officer making an investigation under this Chapter shall day by day enter his proceedings in the investigation in a diary, setting forth the time at which the information reached him, the time at which he began and closed his investigation, the place or places visited by him, and a stat The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
(1) Every police officer making an investigation under this Chapter shall day by day enter his proceedings in the investigation in a diary, setting forth the time at which the information reached him, the time at which he began and closed his investigation, the place or places visited
by him, and a statement of the circumstances ascertained through his investigation.
(2) Any Criminal Court may send for the police diaries of a case under inquiry or trial in such Court, and may use such diaries, not as evidence in the case, but to aid it in such inquiry or trial.
(3) Neither the accused nor his agents shall be entitled to call for such diaries, nor shall he or they be entitled to see them merely because they are referred to by the Court ; but, if they are used by the police officer who made them to refresh his memory, or if the Court uses them for the purpose of contradicting such police officer, the provisions of section 161 or section 145, as the case may be, of the Indian Evidence Act, 1872 (1 of 1872), shall apply,
Section 172, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 192 Diary of proceedings in investigation Text carried over almost unchanged 95%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Md. Ankoos vs Pub. Pros. High Court of A. P. Hyderabad
Court's Decision & Legal Precedent
When appellants have been expressly charged under Section 148 IPC for rioting with deadly weapons and acquitted thereof by both the trial court and the appellate court, they cannot be legally convicted for the offence punishable under Section 302 read with Section 149 IPC which creates constructive liability based on membership of unlawful assembly with common object. The common substratum necessary for both Sections 148 and 149 (i.e., the unlawful assembly with common object) must exist for Section 149 constructive liability to apply. Further, a High Court cannot reverse a trial court's judgment of acquittal by using case diary statements recorded under Section 161 Cr.P.C. to verify witness credibility or overcome contradictions without following the mandatory procedure under Section 172 Cr.P.C. and Section 145 Indian Evidence Act.
On this section: Case diary procedure - Court held case diaries cannot be used as evidence or to overcome contradictions without proper procedures
-
Sheikh Juman Etc vs State of Bihar
Court's Decision & Legal Precedent
Members of an unlawful assembly share criminal liability for deaths caused by other members in furtherance of the common object of the assembly, even if they did not directly perpetrate the killing, provided they actively participated in the crime through facilitating acts such as preventing rescue efforts or demonstrating force with weapons, and this liability can be established through reliable eye-witness testimony corroborated by circumstantial evidence, and mere presence at the scene with knowledge of the common object is sufficient when combined with active facilitation.
On this section: Use of police diary - Court clarified that police diary cannot be used as evidence but may aid in inquiry, and prior statements can only be used if witness attention was drawn to them during investigation
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
-
… Moreover, the High Court Rules framed by this Court in Chapter XII, Rule 1 & Rule 3 recorded as under: > [1] When accused is entitled to see Police diaries or statement of a witness recorded by Police—The Police diaries called for under Section 172 of the Code of Criminal Procedure should not be shown to accused persons, or to their agents, or pleaders, except under the circumstances stated in the second clause of Section 172 of the Code, that is, when they are used by a Police Officer who made them to refresh his memory, or if the Court uses them for the …
Questions about Section 172
What have the courts held on Section 172 of the Code of Criminal Procedure?
Md. Ankoos vs Pub. Pros. High Court of A. P. Hyderabad (06 Nov 2009) is the leading judgment on this section among those set out below: Case diary procedure - Court held case diaries cannot be used as evidence or to overcome contradictions without proper procedures. Another 1 judgment on this section is set out below, all of them from the Supreme Court. They run from 2009 to 2017.
How do I find court cases under Section 172 of the Code of Criminal Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CRPC 172, section 172 CRPC, section 172 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Md. Ankoos vs Pub. Pros. High Court of A. P. Hyderabad (06 Nov 2009).
What should I read with Section 172 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 145 (Procedure where dispute concerning land or water is likely to causebreach of peace), section 161 (Examination of witnesses by police), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 192 (Diary of proceedings in investigation), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 172 of the Code of Criminal Procedure come into force?
Section 172 of the Code of Criminal Procedure, cited as CRPC 172, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.