Question
Consider the following statements regarding the
recording of investigation diary under Section 192 of the Bharatiya Nagarik Suraksha Sanhita, 2023: Statement 1: The investigation diary is open to inspection by the accused or their advocate during the investigation. Statement 2: The investigation diary must record the sequence of facts discovered during investigation. Statement 3: The investigation diary is admissible as evidence in Court. Statement 4: The investigation diary provides a detailed account of the investigation process for the Magistrate's review. Which statements are correct?Solution
Section 192 of BNSS, 2023 requires the investigation officer to maintain a diary recording "the sequence of facts discovered in the course of investigation with time, date and place". Statement 2 is correct. Statement 4 is correct—it provides the Magistrate with an account. Statement 1 is incorrect—the investigation diary is generally confidential during investigation and not open to the accused. However, portions relevant to the accused can be disclosed as per statutory requirements. Statement 3 is incorrect—the investigation diary itself is not admissible as evidence; only the investigation report (chargesheet) is admissible, and the diary supports its compilation. Statements 2 and 4 are correct.
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