Section 192 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 192 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: Diary of Proceedings in Investigation
📜 Text of Section 192
Section 192 of the BNSS, 2023 mandates that:
Daily Record of Investigation: Every police officer conducting an investigation must maintain a daily diary detailing:
The time information was received
The time the investigation commenced and concluded
The locations visited during the investigation
A summary of the circumstances discovered through the investigation
Inclusion of Witness Statements: Statements of witnesses recorded under Section 180 must be incorporated into the case diary
Format of the Diary: The diary should be a bound volume with pages numbered sequentially.
Court Access to Diaries: Criminal courts may request the police diaries of a case under inquiry or trial. These diaries can be used to assist the court in its proceedings but are not admissible as evidence.
Access Restrictions for Accused: The accused or their agents do not have the right to access the case diary merely because it is referred to by the court. However, if the police officer uses the diary to refresh their memory or if the court uses it to contradict the officer's testimony, the relevant provisions of the Bharatiya Sakshya Adhiniyam, 2023, apply
⚖️ Legal Context and Purpose
This section is designed to ensure transparency and accountability in police investigations. By maintaining a detailed and chronological record of investigative actions, it provides a clear trail of the investigation process. This documentation can be crucial for judicial scrutiny and helps in safeguarding against potential misconduct.
🧭 Illustrative Example
Scenario: A police officer is investigating a theft case
Application of Section 192:
Day 1:
Information Received: 10:00 AM
Investigation Commenced: 10:30 AM
Investigation Concluded: 5:00 PM
Locations Visited: Victim's residence, nearby CCTV control room
Circumstances Ascertained: Victim reported a break-in and theft of jewelry. CCTV footage showed a suspicious person entering the building around 9:00 AM.
Day 2:
Investigation Commenced: 9:00 AM
Investigation Concluded: 6:00 PM
Locations Visited: Suspect's residence, local pawn shops
Circumstances Ascertained: Suspect was not at home. Pawn shop owner identified the suspect as someone who tried to sell jewelry matching the victim's description.
Witness Statements:
Witness 1: Neighbor who saw the suspect leaving the victim's house.
Witness 2: Pawn shop owner who interacted with the suspect.
Case Diary:
The diary is a bound volume with pages numbered sequentially.
All daily entries and witness statements are recorded in this diary
Court Proceedings:
During the trial, the court may refer to the case diary to understand the sequence of events and the actions taken during the investigation.
📌 Conclusion
Section 192 of the BNSS, 2023, emphasizes the importance of meticulous record-keeping in police investigations. By ensuring that every step of the investigation is documented, it not only aids in the investigative process but also provides a safeguard against potential abuses of power. This provision aligns with best practices in criminal justice systems worldwide, promoting fairness and transparency.
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