Section 308 · Paragraph 299. Production of police diary in court

(1) Whenever a process is served by any court on the Superintendent of Police or any police officer subordinate to him for the production of a diary or an application is received from the court for the production of a diary in any case not covered by section 172 of the Code of Criminal Procedure, the Superintendent of Police shall permit the diary to be produced in the court and inspected by him and evidence arising therefrom to be given, unless in his opinion its disclosure would be prejudicial to the public interest or there exists some good cause for prescribing the same. 2.- (a) In respect of documents emanating from higher authorities, namely, the Governor, the Secretary to the Government of India, the Government of India, or the Provincial Government, or which form the subject of correspondence with such higher authorities, or from other Governments, whether foreign or Federal, the Superintendent of Police must obtain, through the normal official channels, the consent of the Government of India or the Provincial Government, as the case may be, before agreeing to produce such documents in court or allowing evidence based upon them, unless the papers are intended for publication or are of a formal or routine nature, when reference to higher authorities can be dispensed with.
(b) In the case of papers specified in rules 1 and 2 (a) above, the Superintendent of Police shall not permit the production of correspondence on matters which are generally considered confidential or the disclosure of which, in his opinion, would be prejudicial to the public interest, or on matters which are in dispute between the Government or any other party or which have given rise to a difference between them.
3.-(1) In case of doubt about the documents mentioned in rule 1 or 2 above, the Superintendent of Police should always refer to the Inspector General of Police for orders. If it is considered that permission to produce the document should be withheld, the Superintendent of Police shall either appear in person in Court with the relevant documents and claim the special powers granted under section 123 or 124 of the Indian Evidence Act, or he shall issue an order in the form set out below, which shall be produced by the Government officer required to appear in Court with the document to give evidence, making it clear to him that he is not at liberty to produce the document in Court or to give evidence arising from it.
(2) The Superintendent of Police should avoid correspondence with the Presiding Officer of the Court concerning the grounds on which the document has been summoned. He must obey the orders of the Court and appear in person or arrange for someone else to be present with the document, and act in the manner prescribed in sub-rule (1) above, and if he claims privilege, he must produce the necessary certificate.
Form of Order
Summons to produce the official file relating to the Court of... to... at...
(a) I direct... to appear with the file mentioned in the summons and claim privilege under Section 123 or 124 of the Indian Evidence Act.
(b) I withhold permission to give any evidence from the file for which privilege is claimed under the order.
It is my submission to the Court that these files contain unpublished office records relating to State officials, confidential matters, the disclosure of which would be against the public interest within the meaning of Section 123/124 of the Indian Evidence Act and are not liable to inspection by the Court in view of Section 162 of the said Act.
Date Superintendent of Police