This Article is written by Usha r. Kamat, A Final Year Student studying at K L E Society’s Law Collage Chikodi. This Article explains comprehensively about Diary of proceedings under BNSS, 2023.
Introduction
The Bhartiya Nagarik Suraksha Sanhita, 2023 was introduced on August 11, 2023 was passed by the Parliament in winter session of 2023, and come into force on July 01, 2024. The Bhartiya Nagarik Suraksha Sanhita, 2023 which is referred as BNSS has replaced the Criminal Procedure Code, 1973 (CrPC).
The Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeks to ensure speedy justice, bring transparency and accountability in investigation and make criminal justice system more victim centric. it has also introduced several changes in criminal justice administration.
BNSS provides specific timeline for different aspects of investigation and trial in order to get speedy justice. The criminal justice is a crucial component of any society, ensuring that justice prevails and rule of law maintained. One key procedural aspect under BNSS is the Diary of Proceedings, which plays a crucial role in maintaining an official record of case progress.
What is Dairy of proceedings:
Dairy of proceedings also known as case diary which is seen to be a complete record of investigation in any particular case. It is a dairy which contain official, systematic, and chronological record maintained by judicial authorities throughout the investigation and trial of a criminal case.
Purpose and Importance of maintaining a case dairy:
- Case diaries serve as complete documentation of the investigation made.
- Case diaries play a important role in maintaining continuity, especially in investigations involving multiple officers or changes within the investigating team.
- It captures evidence collected, record witness statements, and each investigative step taken. such detailed record ensures transparency and accountability, holding investigating officers responsible for their actions and guaranteeing that all procedures are justified and documented, true and up to the facts.
- Case Dairy enhance accountability where Investigators, prosecutors, and judicial officers are accountable for their actions as omissions or delays are clearly visible in the records.
- Case Dairy ensures that investigations and trials proceedings are conducted as per the legal framework of BNSS.
Legal provisions on dairy of proceedings:
(1) Every police officer making an investigation under this Chapter have to 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) The statements of witnesses recorded during the course of investigation under section 180 shall be inserted in the case diary.
(3) The diary mentioned in the sub section (1) must be kept as a bound book with all pages properly numbered.
(4) Any Criminal Court may send 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 support to such inquiry or trial.
(5) Neither the accused nor his agents are entitled to call for such diaries, nor shall he or they be entitled to see them merely because they are referred 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 148 or section 164, as the case may be, of the Bhartiya Sakshya Adhiniyam, 2023, shall apply.
Who have access on dairy or who all are responsible for maintaining the case dairy:
- Dairy maybe used by the court for the purpose of to obtain the names of the persons who are entitle to give evidence to the court. They also use it for establishing procedure of the inquiry.
- Case Dairy is accessed by investigation officer who is officer in charge of police station for supervision.
- Case Dairy is primarily used to identify the evidence from the people mention.
- Case Dairy is used by judicial officers to maintain records of the court proceedings, arguments, orders, witnesses and adjournments.
- Case Dairy is also used by Prosecuting agencies to keep track on case progress from their side.
- Court Clerks and staff to maintain case files ensuring that all legal documents are properly recorded and stored.
Is any person entitled to get a copy of case Dairy By filing an RTI?
A person cannot get a copy of the case diary through an RTI application until the trial is completed. This is because Section 8(1)(h) of the RTI Act, 2005 prevents sharing information that could interfere with the investigation, arrest, or prosecution of an offender. Courts and the Central Information Commission have consistently upheld this restriction.
Evidentiary Value of the Case Dairy:
A police diary is an official document, and its entries have value, but they cannot always be considered completely accurate unless there is solid proof. Sometimes, circumstances may raise doubts about their correctness. When a person makes an entry in a record for their own benefit, even if it is admissible, it should not be accepted blindly—other factors must also be considered. The recorded time of an FIR is generally assumed to be correct. However, entries in a police diary do not serve as direct or supporting evidence in a case.
What Case dairy Contains:
- Case dairy contains all the FIR details such as FIR number, date, time of registration it also contains name of the complainant and nature of the offence.
- It contains chronological record of investigation, step by step details of the investigation
- Statements recorded from eye witness, victims, and accused persons.
- Physical description from the crime scenes and also drawings and photographs.
- Details of every object present in the crime scene.
- It also contains Medical and Forensic Reports.
- It contains date of arrest and place of arrest.
- Statement made by the accused.
- Details of police investigation.
What Key Changes brought by Bhartiya Nagarik Suraksha Sanhita, 2023 regarding Case dairy:
- The BNSS have mandated the digitization of case diaries to ensure real-time updates and reducing the risk of tampering or loss. Enhancing transparency and accountability.
- The BNSS have introduced systematic templates for case diaries ensuring its consistency in recording information across various jurisdiction.
- Higher-ranking officers such as Supervisory officers are granted immediate access to case diaries to enable prompt reviews and to guide during investigations.
- Judicial Scrutiny, Courts can request access to case diaries to assess the comprehensiveness and legality of investigations.
- The digital case diaries are merged with other criminal justice databases such as those for forensic reports and criminal records to facilitate comprehensive and efficient investigations.
Important Case Laws on Case dairy:
1. Shamshul Kanwar v. State of U.P.
In this Case the accused sought access to the case diary, arguing that it contained crucial information. The Supreme Court ruled that case diaries are for the court’s reference only and cannot be accessed by the accused as a matter of right.
2. Mukund Lal v. Union of India (1988 AIR 1325, 1989 SCR (1) 145)
In this case A petition challenged police investigation bias, requesting the court to examine the case diary. The Supreme Court held that courts have the power to examine case diaries to ensure fair investigations, but they cannot be treated as direct evidence.
3. Malkiat Singh v. State of Punjab (1991 AIR 1220, 1991 SCR (2) 768)
In this case the defence challenged the FIR timing recorded in the case diary. The Supreme Court ruled that the time of FIR entry in the case diary is presumed to be true unless proven otherwise.
Conclusion:
In Conclusion We have observed that how the case dairy is used and for what purpose. The Diary of Proceedings under BNSS is a crucial reform for ensuring efficient, accountable, and transparent case management in India’s criminal justice system.
It enhances procedural clarity and strengthens legal enforcement mechanism. The Diary of Proceedings under Bhartiya Nyaya Suraksha Sanhita, 2023, is a foundational reform aimed at improving the Indian criminal justice system by ensuring accountability, transparency, and efficiency. With the shift towards digital case management, the diary serves as an indispensable tool for maintaining comprehensive, accurate, and tamper-proof legal records. Proper implementation of this mechanism will significantly contribute to faster trials, fairer investigations, and improved public trust in the justice system.