GENERAL DIARY AND FIR

Disclaimer: Copyright infringement not intended.

Context

The Supreme Court held that the information disclosing the commission of the cognizable offence needs to be recorded as a First Information Report ("FIR") in the form of a book and not in the General Diary maintained by the Police under the Police Act, 1861."In Lalita Kumari v. Government of Uttar Pradesh & Others, (2014).

Details

General Diary (GD)

• Definition: General Diary, also known as Station Diary or Daily Diary in some States, is maintained as per the provisions of Section 44 of the Police Act, 1861, or under the respective provisions of the Police Act(s) applicable to a State or under the Police Manual of a State.
• Purpose: It serves as a record of all important transactions/events taking place in a police station, including complaints, charges preferred, names of persons arrested, offences charged against them, property seized, names of witnesses examined, and other significant occurrences.
• Maintenance: The GD is kept in chronological order, with a new entry starting with number 1 each day.
• Relationship with FIR: Summarizes each FIR registered at the police station, with cross-references between the GD and the FIR Book to ensure both records are updated concurrently.
• A General Diary (GD), also known as a General Diary Entry, serves as a crucial record-keeping mechanism for law enforcement agencies, particularly police departments.
• It documents a wide array of incidents, complaints, and information that may not immediately lead to criminal investigations but are significant for administrative purposes or future reference.

Types of General Diary Entries

• Lost and Found Items: Reports regarding lost property or the discovery of lost items.
• Non-Criminal Incidents: Incidents such as accidents, fires, or natural disasters that do not involve criminal activity.
• Public Complaints: Reports of disturbances, public nuisances, or other issues requiring attention from authorities but may not result in criminal charges.
• Suspicious Activities: Information about suspicious individuals or activities that may be relevant for future reference or investigation.
• Requests for Police Assistance: Instances where individuals seek police assistance for non-criminal matters, such as escort services or civil disputes.
• Information Gathering: Recording information from informants or the public that may aid future law enforcement efforts.

Structure of General Diary Entries

General Diary entries typically follow a structured format, including:

• Heading: Title, date, reference number.
• Introduction: Purpose and background of the entry.
• Main Content: Detailed description of the incident or information, actions taken, persons involved.
• Conclusion: Summary of key points discussed.
• Signature and Approval: Signed by the officer responsible for recording the entry, may require approval from higher authorities.
• Annexures: Supporting documents if applicable.

Lodging a General Diary Entry

• Who Can Lodge: Any person can lodge a General Diary entry; it is not restricted to victims, injured parties, or eyewitnesses.
• When to Lodge: Entries can be lodged for various incidents, problems, or complaints as they occur or are likely to happen.
• Procedure: Submit a written application to the Officer-in-Charge (OC) of the police station, providing details of the incident, contact information, and signatures. Duplicate copies are retained, with one copy provided to the applicant.

Legal Framework and Court Judgments

• CBI v. Tapan Kumar Singh (2003) 6 SCC 175: Supreme Court ruling that a General Diary Entry may be treated as an FIR in appropriate cases.
• State by Lokayukta Police v. H. Srinivas: Supreme Court emphasized the importance of maintaining a General Diary but clarified that its absence does not automatically invalidate criminal proceedings.
• Difference Between Case Diary and General Diary: Case Diary is specific to a particular investigation, while the General Diary records all legal events within a police station's jurisdiction over a 24-hour period.

Legislative References

• Police Act 1861: Section 44: Mandates maintenance of a General Diary by every police station's officer-in-charge.
• Section 154, CrPC: Prescribes the recording of information in cognizable cases in the General Diary.
• Section 155, CrPC: Guides the handling of information in non-cognizable cases, directing informants to contact the Magistrate.

First Information Report (FIR)

• Definition: A written document prepared by a police officer based on information provided by an aggrieved person or any other person regarding the commission of a cognizable offence.
• Initiation of Investigation: The investigation commences only after the filing of the FIR.
• Lodging: Can be filed by anyone who has knowledge of a cognizable offence, including the victim or any person aware of the offence. Police officers can also file an FIR upon learning about such an offence.
• External Distribution: Copies of each FIR are sent to superior officers and the concerned Judicial Magistrate.
• Complainant's Signature: The complainant's signature is obtained in the FIR Book when the complaint is submitted to the police station.
• Confidentiality: While FIR copies are provided to the complainant, the GD remains an internal police record.
• Magistrate's Authority: The Magistrate has the discretion to inspect the GD if deemed necessary.

Distinctions

• External Distribution: FIR copies are disseminated to superior officers and Judicial Magistrates, while GD copies are not sent to the Magistrate.
• Complainant's Signature: Signature of the complainant is obtained in the FIR Book, but not in the GD.
• Confidentiality vs. Disclosure: FIR copies are provided to the complainant, whereas the GD remains an internal police record.
• Magistrate's Oversight: The Magistrate can call for an inspection of the GD as needed.

PRACTICE QUESTION Q. By understanding the purpose, structure, and procedures associated with General Diary entries, law enforcement agencies can effectively maintain accurate records and ensure accountability in their operations. Comment. (250 words)