Section 192 of BNSS, 2023 — Diary of Proceedings in Investigation

Introduction

Section 192 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the diary maintained by a police officer during an investigation. Commonly referred to as the case diary, it records the progress and important details of the investigation from day to day.

The provision requires the investigating officer to maintain a record of the investigative proceedings, including the time at which information reached the officer, the time at which investigation began and ended, the places visited, and the circumstances ascertained through the investigation.

Section 192 also recognises the use of modern technology by permitting the case diary to be maintained in electronic form. It further regulates the use of police diaries by criminal courts and clarifies that the accused does not acquire a general right to call for or inspect them merely because the court refers to them.

The provision substantially corresponds to Section 172 of the Code of Criminal Procedure, 1973, while the BNSS expressly accommodates electronic maintenance of the investigation diary.

Meaning of Diary of Proceedings in Investigation

A diary of proceedings in investigation is the contemporaneous record maintained by the police officer investigating a case.

It is not merely a summary prepared at the end of the investigation. Its purpose is to record the progress of the investigation and the steps taken by the investigating officer from time to time.

The diary may contain details concerning:

• When the information relating to the offence was received.
• When the investigating officer began the investigation.
• When the investigation was concluded for the relevant day.
• Places visited during the investigation.
• Circumstances ascertained through the investigation.
• Other particulars required by the statutory framework.

The diary serves as an official record of the course of investigation and may assist a criminal court in the manner permitted by Section 192.

Statutory Basis

The statutory basis is Section 192 of BNSS, 2023.

Section 192 deals with the maintenance and use of diaries of proceedings in investigation.

The provision is connected with the wider BNSS framework governing police investigation, examination of witnesses, recording of statements, collection of evidence and submission of the police report after completion of investigation.

The corresponding provision under the Code of Criminal Procedure, 1973 was Section 172.

Object and Purpose

Section 192 serves several important purposes.

• To ensure that the progress of an investigation is systematically recorded.
• To create a contemporaneous record of important investigative steps.
• To enable the investigating officer to record relevant circumstances as they are ascertained.
• To assist courts in understanding the course of an investigation where the law permits reference to the diary.
• To promote accountability in the conduct of police investigation.
• To reduce the possibility of reconstructing the entire course of investigation only after a dispute arises.
• To facilitate the maintenance of investigative records through electronic means.

The diary is therefore primarily an investigative record, although the statute permits limited judicial use of it.

Nature of the Investigation Diary

The investigation diary is a record prepared during the course of investigation.

It is not, by itself, substantive evidence establishing the guilt of the accused.

The diary must also be distinguished from a police report submitted after completion of investigation. A police report is submitted to the competent court in accordance with the statutory framework, whereas the case diary records the progress and details of the investigation.

The investigation diary may be maintained in writing or in electronic form as permitted by Section 192.

Essential Requirements

1. The Diary Must Be Maintained During Investigation

Every police officer making an investigation under BNSS is required to maintain a diary of the proceedings in the investigation.

The requirement applies to the investigative process and requires the relevant proceedings to be recorded in the statutory manner.

2. The Diary Must Record the Time When Information Was Received

The diary must state the time at which the information reached the investigating officer.

This helps establish the chronology of the investigation and provides a contemporaneous record of when the investigative process was initiated.

3. The Diary Must Record the Time When Investigation Began and Ended

The investigating officer must record the time at which the investigation began and the time at which it was closed for the relevant period.

These details form part of the statutory record of the investigation’s progress.

4. Places Visited Must Be Recorded

The diary must record the places visited by the investigating officer during the investigation.

This requirement helps document the investigative steps taken and the movement connected with the inquiry into the alleged offence.

5. Circumstances Ascertained Through Investigation Must Be Recorded

The investigating officer must record the circumstances ascertained through the investigation.

The diary therefore reflects relevant developments and information discovered during the investigative process.

6. Electronic Maintenance Is Permitted

Section 192 permits the investigation diary to be maintained in electronic form.

This is an important feature of the BNSS framework and reflects the statutory recognition of electronic procedures in criminal investigation.

The use of electronic form does not remove the requirement that the diary contain the particulars required by law.

Procedure for Maintaining the Diary

1. Investigation Begins

When a police officer begins an investigation under the applicable BNSS provisions, the officer must maintain the required diary of proceedings.

2. Receipt of Information Is Recorded

The relevant time at which information reached the investigating officer is entered in the diary.

3. Daily Investigative Proceedings Are Recorded

The officer records the progress of the investigation and the relevant proceedings carried out.

The record should reflect the statutory particulars and the relevant circumstances as they are ascertained.

4. Time and Place Details Are Entered

The diary records when the investigation began and ended and the places visited during the investigation.

5. Relevant Circumstances Are Recorded

Important circumstances discovered or ascertained during the investigation are recorded as part of the diary.

6. The Diary May Be Maintained Electronically

The investigating officer may maintain the diary in electronic form in accordance with Section 192.

7. The Diary Is Preserved for Statutory and Judicial Purposes

The diary remains part of the investigative record and may be used by a criminal court only in the manner permitted by the statute.

Powers of the Criminal Court

Section 192 permits a criminal court to call for the police diaries of a case under inquiry or trial.

The court may use the diaries to assist it in the inquiry or trial.

However, the diary is not treated as evidence merely because the court refers to it.

The statutory purpose of permitting the court to call for the diary is to assist the court in the exercise of its judicial functions. It does not convert every statement contained in the diary into substantive evidence.

Position of the Accused

The accused or the accused’s agents are not entitled merely because the diary exists to call for it or inspect it.

This restriction is important because the case diary is primarily an investigative record and not a document that automatically becomes available to the accused as part of the proceedings.

However, a specific situation may arise where the police officer who made the diary uses it to refresh memory or where the court uses the diary for the purpose of contradicting the police officer.

In such circumstances, the applicable law relating to refreshing memory or contradiction becomes relevant to the extent provided by law.

The accused’s entitlement is therefore limited to the circumstances recognised by the statutory and evidentiary framework and does not amount to a general right to inspect the entire case diary.

Investigation Diary and Evidence

The investigation diary is not substantive evidence.

A court may use the diary for the limited purpose of assisting itself during an inquiry or trial, but the diary cannot automatically be used as evidence against the accused merely because it has been called for by the court.

This distinction is essential.

Facts relevant to the prosecution must be proved through legally admissible evidence. The prosecution cannot establish guilt simply by relying upon entries in a police investigation diary.

Similarly, the accused does not obtain a general right to inspect or use the diary solely because it is part of the investigation record.

Important Distinctions

Case Diary and Police Report

A case diary records the proceedings and progress of investigation as it takes place.

A police report is the formal report submitted after completion of investigation in accordance with the applicable BNSS provisions.

The case diary documents the investigative journey, whereas the police report communicates the result of investigation to the court.

Case Diary and Substantive Evidence

A case diary is an investigative record.

Substantive evidence consists of legally admissible material that may be relied upon for proving facts in judicial proceedings.

The court’s power to refer to a case diary does not automatically make its contents substantive evidence.

Calling for a Diary and Inspection by the Accused

A criminal court may call for police diaries and use them to assist in an inquiry or trial.

The accused does not have a general right to call for or inspect the diary merely because the court has the power to examine it.

The accused’s rights concerning the diary arise only in the limited circumstances recognised by law.

Maintaining a Diary and Proving an Investigation

Maintaining the diary is a statutory requirement relating to the conduct and record of investigation.

The diary itself does not replace the requirement of proving relevant facts through legally admissible evidence during criminal proceedings.

BNSS and CrPC

Section 192 of BNSS substantially corresponds to Section 172 of the Code of Criminal Procedure, 1973.

Under Section 172 of the CrPC, every police officer making an investigation was required to maintain a diary recording the proceedings in the investigation, including the time when information reached the officer, the time when the investigation began and ended, places visited, and circumstances ascertained through investigation.

Section 192 continues this basic framework under BNSS.

An important feature of the BNSS provision is the express recognition that the diary may be maintained in electronic form. This reflects the broader incorporation of electronic and digital procedures into the criminal procedural framework.

The rules regarding the court’s power to call for the diary and the limited right of the accused to inspect it continue to preserve the distinction between a judicial aid and substantive evidence.

Relationship with BNS and BSA

The Bharatiya Nyaya Sanhita, 2023 defines substantive criminal offences and punishments.

The Bharatiya Nagarik Suraksha Sanhita, 2023 regulates criminal procedure, including investigation and the maintenance of the investigation diary.

The Bharatiya Sakshya Adhiniyam, 2023 governs the law relating to evidence.

Section 192 concerns the procedural record of investigation. It does not itself determine whether the contents of every diary entry are admissible as evidence for proving guilt.

Questions concerning the evidentiary use of statements or documents must be determined according to the applicable provisions of the Bharatiya Sakshya Adhiniyam, 2023 and other relevant law.

Case Law

Shamshul Kanwar v. State of Uttar Pradesh

The Supreme Court considered the limited use of a case diary and reaffirmed that such a diary is not substantive evidence. A criminal court may use it for the limited statutory purpose of assisting itself, but the contents cannot be treated as evidence merely because the court has called for the diary.

The decision arose under the earlier CrPC framework but remains relevant to the substantially similar principles governing the judicial use of investigation diaries under Section 192 of BNSS.

Mukund Lal v. Union of India

The Supreme Court considered the nature of police diaries and the restrictions on an accused person’s right to inspect them. The Court recognised that the accused does not possess a general right to inspect the case diary and that the statutory scheme permits access only in limited circumstances.

The decision was rendered under the CrPC but remains relevant for understanding the substantially continued framework under Section 192 of BNSS.

Common Confusions

Is the case diary the same as the police report?

No.

The case diary records the progress and proceedings of the investigation. A police report is submitted after completion of investigation in accordance with the statutory procedure.

Can the accused automatically inspect the case diary?

No.

The accused does not have a general right to call for or inspect the case diary. Limited access may arise only in circumstances recognised by law.

Can the court use the case diary as substantive evidence?

No.

The court may use the diary to assist itself during an inquiry or trial, but the diary does not become substantive evidence merely because it is called for or consulted by the court.

Can an investigation diary be maintained electronically?

Yes.

Section 192 expressly permits the investigation diary to be maintained in electronic form.

Does an entry in the case diary prove that the event recorded actually occurred?

No.

The entry is part of the investigative record. Relevant facts must still be established through legally admissible evidence where proof is required in judicial proceedings.

Example

A police officer begins investigating an alleged offence at 9:00 a.m. The officer records when information was received, the time the investigation began, the places visited, the circumstances discovered during the day and the time at which the day’s investigation ended.

The officer may maintain this diary in electronic form as permitted by Section 192.

During the subsequent trial, the criminal court may call for the investigation diary to assist itself. However, the accused cannot automatically demand inspection of the entire diary, and the diary’s entries do not automatically become substantive evidence.

Topic at a Glance

• Topic: Diary of proceedings in investigation.
• BNSS Provision: Section 192.
• Common Name: Case diary or police diary.
• Purpose: To maintain a contemporaneous record of the progress of investigation.
• Key Contents: Time of receipt of information, beginning and closing of investigation, places visited and circumstances ascertained.
• Electronic Form: Expressly permitted under BNSS.
• Court’s Role: A criminal court may call for the diary and use it to assist in an inquiry or trial.
• Accused’s Position: No general right to call for or inspect the diary.
• Evidentiary Status: The diary is not substantive evidence merely because the court refers to it.
• CrPC Correspondence: Section 172 of the Code of Criminal Procedure, 1973.

Quick Revision

• Section 192 of BNSS deals with the diary of proceedings maintained during investigation.
• Every police officer making an investigation must maintain the statutory record.
• The diary records the time when information reached the officer.
• It records when the investigation began and ended.
• It records places visited during the investigation.
• It records circumstances ascertained during investigation.
• The diary may be maintained in electronic form.
• A criminal court may call for the diary to assist itself during an inquiry or trial.
• The accused has no general right to call for or inspect the diary.
• The diary is not substantive evidence merely because the court uses it.
• Limited use may arise where the investigating officer uses the diary to refresh memory or where it is used for the legally permitted purpose of contradiction.
• Section 192 substantially corresponds to Section 172 of the CrPC.

ALSO READ: Section 191 – Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint

Conclusion

Section 192 of BNSS, 2023 provides the statutory framework for maintaining a contemporaneous record of police investigation. By requiring the recording of important investigative details and permitting electronic maintenance of the diary, the provision supports continuity, accountability and judicial oversight in the investigative process. At the same time, its restrictions on the use and inspection of the diary preserve the distinction between an internal investigative record, a judicial aid and substantive evidence.