Diary of proceedings in investigation maintained by the police authority and known as Case Diary is governed by Section 172 of the Code of Criminal Procedure, 1973 which states as follows:
Section 172-Diary of proceeding in investigation
1. Every police officer making an investigation under this Chapter shall day by day enter his proceeding 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 Mm, 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.
Although, the CIC in its various decisions has exempted the disclosure of Case Diary under Right to Information Act, 2005, however, the same depends on the facts and circumstances of each case and therefore, each case has to be examined independently, on the basis of facts specific to that case.
Infact, the Hon’ble Delhi High Court in the matter of “Deputy Commissioner of Police vs. D.K. Sharma”, [W.P.(C) 12428/2009 & CM APPL 12874/2009] has held that:
“This Court is inclined to concur with the view expressed by the CIC that in order to deny the information under the RTI Act the authority concerned would have to show a justification with reference to one of the specific clauses under Section 8 (1) of the RTI Act. In the instant case, the Petitioner has been unable to discharge that burden. The mere fact that a criminal case is pending may not by itself be sufficient unless there is a specific power to deny disclosure of the information concerning such case. In the present case, the criminal trial has concluded. Also, the investigation being affected on account of the disclosure information sought by the Respondent pertains to his own case. No prejudice can be caused to the Petitioner if the D.D. entry concerning his arrest, the information gathered during the course of the investigation, and the copies of the case diary are furnished to the Respondent. The right of an applicant to seek such information pertaining to his own criminal case, after the conclusion of the trial, by taking recourse of the RTI Act, cannot be said to be barred by any provision of the CrPC. It is required to be noticed that Section 22 of the RTI Act states that the RTI Act would prevail notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 and any other law for the time being in force.”
Since, in the question, you have not disclosed as to in what capacity you are seeking the copy of the Case Diary and also the stage of trial, the reply is being given based on limited facts and further dwelling may be required based on exact facts of the case.
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