Section 172 CrPC: Diary of proceedings in investigation

Code of Criminal Procedure, 1973

Section 172 CrPC at a Glance

Section 172 CrPC deals with diary of proceedings in investigation. From 1 July 2024 it is replaced by Section 192 BNSS.

Now BNSS

Section 192 →

What Section 172 CrPC Says

172. Diary of proceedings in investigation

(1) Every police officer making an investigation under this Chapter shall day by day 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.

(1A) The statements of witnesses recorded during the course of investigation under section 161 shall be inserted in the case diary.

(1B) The diary referred to in sub-section (1) shall be a volume and duly paginated.

(2) Any Criminal Court may send for 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 aid it in such inquiry or trial.

(3) Neither the accused nor his agents shall be entitled to call for such diaries, nor shall he or they be entitled to see them merely because they are referred to 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 161 or section 145, as the case may be, of the Indian Evidence Act, 1872 (1 of 1872), shall apply.

Source: Section 172, Code of Criminal Procedure, 1973

Section 172 CrPC in Simple Words

Section 172 of the Code of Criminal Procedure, 1973 deals with the diary of proceedings in investigation. Under Section 172(1) CrPC, a police officer making an investigation under Chapter XII of the Code shall enter the proceedings of the investigation in a diary day by day. The diary shall set out the time at which the information reached the officer, and the time at which the officer began and closed the investigation. It shall also set out the place or places visited by the officer, and a statement of the circumstances ascertained through the investigation. Under Section 172(1A) CrPC, the statements of witnesses recorded during the investigation under Section 161 CrPC shall be inserted in the case diary.

Under Section 172(1B) CrPC, the diary referred to in Section 172(1) CrPC shall be a volume and duly paginated. Under Section 172(2) CrPC, a Criminal Court may send for the police diaries of any case under inquiry or trial in that Court. The Court may use the diaries to aid it in the inquiry or trial, but not as evidence in the case. Under Section 172(3) CrPC, neither the accused nor the agents of the accused shall be entitled to call for the diaries. They shall not be entitled to see the diaries merely because the Court refers to them.

There is an exception. If the police officer who made the diaries uses them to refresh memory, the provisions of section 161 or section 145, as the case may be, of the Indian Evidence Act, 1872 shall apply. The same provisions apply if the Court uses the diaries to contradict that police officer.

When Section 172 CrPC Applies

  • Section 172(1) CrPC applies to every police officer making an investigation under Chapter XII of the Code.
  • That police officer shall day by day enter his proceedings in the investigation in a diary.
  • The diary shall set 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.
  • Under Section 172(1A) CrPC, the statements of witnesses recorded during the course of investigation under Section 161 CrPC shall be inserted in the case diary.
  • Under Section 172(1B) CrPC, the diary referred to in Section 172(1) CrPC shall be a volume and duly paginated.
  • Under Section 172(2) CrPC, any Criminal Court may send for 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 aid it in such inquiry or trial.
  • Under Section 172(3) CrPC, neither the accused nor his agents shall be entitled to call for such diaries, nor to see them merely because they are referred to by the Court.
  • Section 172(3) CrPC applies the provisions of Section 161 or Section 145, as the case may be, of the Indian Evidence Act, 1872 if the diaries 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.

Time Limits Under Section 172 CrPC

  • Section 172(1) CrPC says that the police officer shall enter his proceedings day by day.Act text: “shall day by day enter his proceedings”

Example of Section 172 CrPC

Rajesh, a police officer, is making an investigation under Chapter XII of the Code. Day by day, Rajesh enters the proceedings of Rajesh in a diary, setting forth the time at which the information reached Rajesh, the time at which Rajesh began and closed the investigation, the place or places visited by Rajesh, and a statement of the circumstances ascertained. Under Section 172(1A) CrPC, the statements of witnesses recorded under Section 161 CrPC are inserted in the case diary. In a trial, the Criminal Court sends for the police diaries of the case and uses them to aid it in the trial, not as evidence in the case. Under Section 172(3) CrPC, Arjun, the accused, shall not be entitled to call for the diaries, nor to see them merely because they are referred to by the Court.

When Section 172 CrPC Does Not Apply

  • Section 172(2) CrPC speaks of any Criminal Court. It does not deal with a Civil Court.
  • Section 172(3) CrPC speaks of the accused and his agents. It does not deal with a complainant or witness calling for such diaries.

Section 172 CrPC Under BNSS 192: What Changed

Section 172 CrPC is now covered under Section 192 BNSS.

Section 192 BNSS has the same heading as Section 172 CrPC and the same text apart from the cross-references below, with the sub-sections renumbered. Section 192(2) BNSS refers to Section 180 BNSS where Section 172(1A) CrPC referred to Section 161 CrPC. Section 192(5) BNSS refers to Section 148 or Section 164, as the case may be, of the Bharatiya Sakshya Adhiniyam, 2023 where Section 172(3) CrPC referred to Section 161 or Section 145, as the case may be, of the Indian Evidence Act, 1872. For Section 172(3) CrPC and Section 192(5) BNSS, section 145 of the Indian Evidence Act, 1872 is found in section 148 of the Bharatiya Sakshya Adhiniyam, 2023, and section 161 of the Indian Evidence Act, 1872 in section 164 of the Bharatiya Sakshya Adhiniyam, 2023.

View detailed comparison (CrPC 172 vs BNSS 192) →

FAQs on Section 172 CrPC

What must a police officer enter in the case diary under Section 172 CrPC?▼

Every police officer making an investigation under Chapter XII of the Code shall day by day 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.

How may a Criminal Court use the police diaries under Section 172 CrPC?▼

Section 172(2) CrPC says any Criminal Court may send for 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 aid it in such inquiry or trial.

May the accused call for the police diaries under Section 172 CrPC?▼

Section 172(3) CrPC says neither the accused nor his agents shall be entitled to call for such diaries, nor shall he or they be entitled to see them merely because they are referred to by the Court. If the diaries 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 161 or Section 145, as the case may be, of the Indian Evidence Act, 1872 shall apply.

Where is Section 172 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 172(1) CrPC is found in Section 192(1) BNSS, Section 172(1A) CrPC in Section 192(2) BNSS, Section 172(1B) CrPC in Section 192(3) BNSS, Section 172(2) CrPC in Section 192(4) BNSS and Section 172(3) CrPC in Section 192(5) BNSS. The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973 from 1 July 2024.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 26 Oct 2026 ·