115.
Case Diary to Be Kept By The Police.
(1)
Every officer in charge of a police station conducting an investigation under
section 112 hereof or any officer or police deputed by the officer in charge of the
police station to conduct such investigation shall keep a case diary in which he
shall set forth in chronological order: (a) any information received by him in connection with the investigation;
(b) any action taken or inquiry made by him in the course of the investigation and the
facts ascertained as a result thereof;
(c) any report made by any policeman acting under his instructions;
(d) the statement of any witness, if reduced to writing.
(2) The First Information Report or a copy thereof shall in all cases be attached to and
form part of the Case Diary.
116.
Case Diary Not To Be Evidence
(1) Save in so far as expressly permitted in this Code such Case Diary shall not be
admissible evidence against any accused person in any inquiry or trial but :(a) any Magistrate or Court may in any inquiry or trial refer to the Case Diary to aid
him or it in conducting the inquiry or trial;
(b) any Magistrate or Court may in any inquiry or trial use any relevant part of the
Case Diary for the purpose of examining any witness whose testimony at the
inquiry or trial is at variance with his statement entered in the Case Diary as to
such variance with a view to testing his credibility;
(c) any relevant part of the Case Diary may be used by a policeman who made the
same to refresh his memory if called as a witness.
(2) Save to the extend to which the Case Diary is used for the purposes set out in
paragraphs (b) and (c) of sub-section (1) of this section the accused or his agent shall
not be entitled to call for or inspect such Diary or any part thereof.
117.
Power of Police To Summon And Examine.
(1) A policeman making an investigation under section 112 may require the attendance
before him of any person being within the limits of his own or any adjoining police
station whose evidence appears likely to be of assistance in the case, and may
examine such person orally.
(2) Such person shall be bound to attend and to answer truly the questions put to him
save so far as his answers would tend to expose him to a criminal charge or to a
penalty other than a charge of failing to give information under Chapter XI of this
Code.
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