Sections 171 and 172 CrPC: Protection of Complainants and Witnesses and Police Case Diary
Sections 171 and 172 of the Code of Criminal Procedure, 1973 dealt with two important aspects of criminal investigation. Section 171 protected complainants and witnesses from unnecessary restraint or inconvenience while proceeding to Court, while Section 172 regulated the maintenance and use of the police case diary during investigation.
Sections 171 and 172 CrPC at a Glance
- Section 171: protected a complainant or witness going to Court from being unnecessarily required to accompany a police officer, restrained or inconvenienced.
- Own bond: ordinarily, a complainant or witness could not be required to provide security for appearance other than his own bond.
- Exception: where the person refused to attend or execute a bond as directed under Section 170, the statutory proviso permitted the procedure specified in Section 171.
- Section 172: required an investigating police officer to maintain a day-to-day diary of the investigation.
- Case diary: the diary recorded important details including the receipt of information, investigation timings, places visited and circumstances ascertained.
- Use by Court: a Criminal Court could call for the police diary to aid an inquiry or trial, but the diary was not itself evidence in the case.
Section 171 CrPC - Protection of Complainants and Witnesses
Section 171 of the Code of Criminal Procedure, 1973 was titled "Complainant and witnesses not to be required to accompany police officer and not to be subjected to restraint." The provision protected complainants and witnesses while they were proceeding to Court.
Text and Meaning of Section 171 CrPC
Section 171 provided that no complainant or witness on his way to any Court shall be required to accompany a police officer, be subjected to unnecessary restraint or inconvenience, or be required to give security for his appearance other than his own bond.
The proviso dealt with a complainant or witness who refused to attend or refused to execute a bond as directed under Section 170. In that situation, the officer in charge of the police station could forward the person in custody to the Magistrate. The Magistrate could detain the person until the required bond was executed or until the hearing of the case was completed.
What Protection Did Section 171 Provide?
The central purpose of Section 171 was to prevent unnecessary police restraint or inconvenience to a complainant or witness merely because the person was required to appear before a Court. A witness or complainant was not to be treated in the same manner as an accused merely for attending judicial proceedings.
The section therefore dealt with the manner in which complainants and witnesses were to be sent to Court after the investigation had reached the stage contemplated by the preceding provisions of the CrPC.
Meaning of Own Bond Under Section 171
Section 171 stated that a complainant or witness could not ordinarily be required to furnish security for appearance other than his own bond. In this context, a bond was an undertaking to attend before the Court as required.
Exception Where a Witness Refused to Attend
The protection under Section 171 was subject to its proviso. Where a complainant or witness refused to attend or refused to execute the bond directed under Section 170 CrPC, the officer in charge of the police station could forward that person in custody to the Magistrate. The subsequent detention contemplated by the proviso was a matter for the Magistrate in accordance with the section.
Section 172 CrPC - Diary of Proceedings in Investigation
Section 172 of the Code of Criminal Procedure, 1973 was titled "Diary of proceedings in investigation." It governed the case diary maintained by a police officer conducting an investigation under the relevant Chapter of the CrPC.
Section 172(1) - Day-to-Day Investigation Diary
Every police officer making an investigation under the Chapter was required to enter the proceedings of the investigation in a diary from day to day.
The diary was required to state:
- the time at which the information reached the investigating officer;
- the time at which the investigation was begun;
- the time at which the investigation was closed;
- the place or places visited during the investigation; and
- a statement of the circumstances ascertained through the investigation.
Section 172(1A) - Witness Statements in the Case Diary
Sub-section (1A) required statements of witnesses recorded during the course of investigation under Section 161 CrPC to be inserted in the case diary.
This provision was inserted by the Code of Criminal Procedure (Amendment) Act, 2008, Act 5 of 2009, with effect from 31 December 2009.
Section 172(1B) - Volume and Pagination
Under sub-section (1B), the diary referred to in Section 172(1) was required to be maintained as a volume and to be duly paginated. The requirement supported an orderly chronological record of the investigation.
Can a Criminal Court Call for the Police Case Diary?
Yes. Section 172(2) empowered a Criminal Court to send for the police diaries of a case under inquiry or trial before that Court.
The section, however, expressly limited their use. The Court could use the diaries to aid it in the inquiry or trial, but not as evidence in the case merely because the diary had been called for.
Is a Police Case Diary Evidence?
Section 172(2) made an important distinction between using a case diary to assist the Court and treating the diary itself as substantive evidence. The statutory provision permitted the former but not the latter.
Accordingly, the police diary performed an important procedural and supervisory function in relation to the investigation, while its use during judicial proceedings remained subject to the limitations contained in Section 172.
Could an Accused Demand or Inspect the Case Diary?
Section 172(3) provided that neither the accused nor his agents were entitled to call for the police diaries. They were also not entitled to inspect them merely because the Court had referred to the diaries.
This statutory restriction was subject to the circumstances expressly mentioned in Section 172(3).
Use of Case Diary to Refresh Memory or Contradict Police Officer
Where the police officer who made the diary used it to refresh his memory, or where the Court used the diary for the purpose of contradicting that police officer, Section 172(3) made the relevant statutory rules concerning refreshing memory or contradiction applicable.
Under the law then in force, Section 172(3) referred to Section 161 or Section 145, as the case might be, of the Indian Evidence Act, 1872.
Difference Between Sections 171 and 172 CrPC
| Provision | Subject | Main Purpose |
|---|---|---|
| Section 171 CrPC | Complainants and witnesses proceeding to Court | Protection against unnecessary restraint, inconvenience and security requirements beyond the person's own bond, subject to the statutory proviso. |
| Section 172 CrPC | Police case diary | Maintenance of a day-to-day investigation record and regulation of its use during inquiry or trial. |
Relationship With Sections 161 and 170 CrPC
Sections 171 and 172 did not operate in isolation. Section 171 expressly referred to the bond contemplated by Section 170, while Section 172(1A) referred to witness statements recorded during investigation under Section 161.
Reading these provisions together helps explain the procedural sequence followed during police investigation under the Code of Criminal Procedure, 1973.
Practical Importance of Sections 171 and 172 CrPC
Section 171 protected the procedural position of complainants and witnesses when they were required to attend Court. Its language sought to prevent unnecessary restraint and inconvenience and limited the security that could ordinarily be demanded from them.
Section 172, on the other hand, imposed an important record-keeping obligation on the investigating police officer. The case diary created a chronological record of investigative steps and could assist the Criminal Court in understanding the course of the investigation, subject to the statutory restrictions on its evidentiary use and disclosure.
Frequently Asked Questions
What was Section 171 CrPC?
Section 171 CrPC protected a complainant or witness proceeding to Court from being unnecessarily required to accompany a police officer, subjected to restraint or inconvenience, or required to furnish security other than his own bond, subject to the proviso contained in the section.
What was Section 172 CrPC?
Section 172 CrPC required the investigating police officer to maintain a day-to-day diary recording specified details of the investigation and regulated the manner in which a Criminal Court could use that diary.
What details were entered in a case diary?
Section 172 required details including when information reached the investigating officer, when the investigation began and ended, places visited and circumstances ascertained during investigation.
Were witness statements included in the case diary?
Yes. Section 172(1A) required witness statements recorded during investigation under Section 161 CrPC to be inserted in the case diary.
Could the Court use the case diary as evidence?
Section 172(2) permitted a Criminal Court to call for the police diaries and use them to aid the inquiry or trial, but expressly stated that they were not to be used as evidence in the case merely on that basis.
Could an accused automatically inspect the police case diary?
No. Section 172(3) stated that the accused or his agents were not entitled to call for or inspect the diaries merely because the Court referred to them. The provision nevertheless contained specific rules for situations where the diary was used to refresh the investigating officer's memory or to contradict that officer.
Legal Position Before BNSS
Sections 171 and 172 discussed on this page form part of the Code of Criminal Procedure, 1973. This article is maintained as a reference to the criminal procedure applicable before the commencement of the Bharatiya Nagarik Suraksha Sanhita, 2023 on 1 July 2024.
This page provides general legal information and should be read with the statutory provisions and amendments applicable to the relevant proceeding and date.