UP Police Regs 114Chapter 11 · Research
Section 114 · Paragraph 109. Required particulars to be written in detail in the case diary
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The case diary, as required by Section 172 of the Code of Criminal Procedure, must contain sufficient detail to enable the investigating authority to understand the facts. Variations in the complainant's statement from the First Information Report and the gist of supplementary statements, if any, should be recorded. The investigating officer is not bound to record any statements during the examination of his competent witnesses under Section 161 of the Code of Criminal Procedure. However, if he does so, he shall prepare a separate record of the statement of each person whose statement he records. The statements shall be recorded in the form of a first draft and shall contain such details as are likely to be beneficial in the prosecution of the case.
The law requires that statements, if recorded, should be recorded separately. Therefore, it would not be sufficient to adhere to the law to simply state that a witness has substantially supported the complainant or another witness and to avoid such phrases.
However, the statement of the accused should be recorded in full. The investigation should now be closed for that day, the time and place of closure should be noted, and the diary should be sent to the Superintendent daily for each day during the investigation, for any action taken. If the investigating officer is not the officer in charge of the police station, except when he causes delays, the diary should be sent through the officer in charge. If more than one officer is independently investigating the same case at the same time, each should maintain a separate diary. Sections 172 and 173 of the Code of Criminal Procedure should be carefully studied. In trivial cases, a very short diary will generally suffice.
Comment
The above paragraph has no legal basis and is merely an administrative directive for investigation.
The law requires that statements, if recorded, should be recorded separately. Therefore, it would not be sufficient to adhere to the law to simply state that a witness has substantially supported the complainant or another witness and to avoid such phrases.
However, the statement of the accused should be recorded in full. The investigation should now be closed for that day, the time and place of closure should be noted, and the diary should be sent to the Superintendent daily for each day during the investigation, for any action taken. If the investigating officer is not the officer in charge of the police station, except when he causes delays, the diary should be sent through the officer in charge. If more than one officer is independently investigating the same case at the same time, each should maintain a separate diary. Sections 172 and 173 of the Code of Criminal Procedure should be carefully studied. In trivial cases, a very short diary will generally suffice.
Comment
The above paragraph has no legal basis and is merely an administrative directive for investigation.
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