Introduction
A General Diary (GD), also known as a General Diary Entry or simply a Diary
Entry, is a record maintained by law enforcement agencies, such as police
departments, to document various types of incidents, complaints, or information
that may not necessarily lead to immediate criminal investigations but still
need to be recorded for administrative purposes or potential future reference.
The purpose of a General Diary is to maintain an official record of events and
information, ensuring transparency and accountability within law enforcement
agencies.
General Diary entries can include a wide range of incidents and information,
such as:
- Lost and found items: Reports of lost property or the discovery of lost items.
- Non-criminal incidents: Incidents like accidents, fires, or natural disasters that do not involve criminal activity.
- Public complaints: Reports of disturbances, public nuisances, or other issues that may not result in criminal charges but still require attention from the authorities.
- Suspicious activities: Information about suspicious individuals or activities that may be relevant for future reference or investigation.
- Requests for police assistance: When 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 be useful for future law enforcement efforts.
General Diaries are typically maintained in a chronological order, and each
entry includes details such as the date, time, location, a brief description of
the incident or information, the name and contact information of the reporting
party (if applicable), and the action taken by law enforcement authorities, if
any.
It's important to note that the specific procedures and practices related to
General Diaries may vary from one jurisdiction to another, as different police
departments may have their own protocols for maintaining and accessing these
records. These records are often used for administrative purposes, internal
reviews, and as references for future investigations if necessary.
A General Diary, often referred to as GD, serves as a daily log to document
ongoing or potential incidents within a specific police station's jurisdiction
around the clock.
This diary functions as a comprehensive record of important events at the police
station. This includes actions like the arrival and departure of police
personnel, the transfer of responsibilities, arrests, details of law enforcement
duties, visits from senior officers, and more. Additionally, the GD summarizes
each First Information Report (FIR) registered at the police station, as FIR
registration is a significant event there.
The GD is maintained in chronological order, with a new entry starting with
number 1 each day. Simultaneously, the GD entry reference is noted in the FIR
Book, while the FIR number is mentioned in the GD entry. This parallel
documentation ensures that both records are kept up to date.
A huge number of
other details of the proceedings of each day at the Police Station is contained
in a General Diary. A copy of the General Diary is sent to the immediate
Superior Police Officer, but the copy of the same is not sent to the Judicial
Magistrate having jurisdiction over the Police Station.
As mandated under Section 154 CrPC, FIR is to be recorded in the FIR Book, and
it is not correct to state that information will be registered as FIR, if
required, only after preliminary enquiry and that the information will be first
recorded in the General Diary.
Who can lodge General Diary?
Any person can lodge a General Diary. It is not necessary that the person
lodging General Diary should be the victim or injured or an eyewitness.
When to lodge General Diary?
General Diary can be lodged in connection with any incident/missing
case/offence/problem or other matter that happened or likely to happen, for
example, loss of ration card, Aadhar card, voter card, passport, certificate,
identity card, cheque or other important document, loss of valuable thing,
disappearance of any person, snatching, missing person, information on eve
teasing and eve teasers, drug addict, vagabond, miscreant, unlawful assembly,
engagement or disappearance of servant, night guard, security guard, driver,
caretaker, new or old tenant, expatriate problem or complaint, traffic accident
or any other incident/problem/complaint.
Procedure for lodging General Diary
A General Diary (GD) is received by the Duty Officer at the police station,
overseen by the Officer-in-Charge (OC). Entries are made daily, starting at 8 am
and continuing for 24 hours. To submit a GD, follow a specific application
format, addressing it to the OC, providing the police station's address, and
specifying the subject. Describe the incident in detail in the application, sign
it, and include your name, address, and contact number. Make duplicate copies
and take them to the police station. Hand both copies over to the Duty Officer,
who will add a GD number, date, signature, and seal. One copy is retained by the
Duty Officer, and the other is returned to you.
In cases where someone can't draft a GD, they can seek help from the Duty
Officer at the police station. Upon receiving a GD application, the Duty Officer
or OC will initiate an inquiry to verify the information and take legal steps as
necessary.
Court Judgments Regarding General Diary
In the case of
CBI v. Tapan Kumar Singh (2003) 6 SCC 175, the Supreme Court
ruled that a General Diary Entry may be treated as FIR in an appropriate case,
where it discloses the commission of a cognizable offence.
In the judgment (State by
Lokayukta Police v. H. Srinivas), a Supreme Court
Bench comprising Justices N.V. Ramana and S Abdul Nazeer ruled that the duty of
maintaining a General Diary is an inherent part of a police officer's
responsibilities. However, the Court emphasized that the absence of this diary
typically doesn't affect the validity of a criminal trial, unless it is
demonstrated that such absence significantly prejudices the case.
This particular case involved the Supreme Court overturning a decision by the
Karnataka High Court to dismiss criminal proceedings in a corruption case
(Criminal Appeal No. 776-779/2018 arising out of SLP (Cr1.) 5606 - 5609 of
2017).
The Court clarified that although there exists an obligation for police officers
to maintain a General Diary, the mere non-maintenance of this diary does not
inherently make the entire prosecution illegal.
It is important to note that recording details of a crime in the General Diary
of a police station is not a mandatory requirement for lodging a First
Information Report (FIR). Instead, the General Diary primarily serves as a
record of significant events and transactions occurring within a police station.
This includes documenting the movements of police personnel, the transfer of
duties, arrests, and the performance of law-and-order duties.
In summary, the Supreme Court's judgment reaffirmed the importance of a General
Diary as a record-keeping tool for police stations while clarifying that its
absence does not automatically invalidate criminal proceedings, unless it
severely prejudices the case.
Difference Between Case Diary and General Diary
It's essential to distinguish between a Case Diary and a General Diary. The Case
Diary is maintained by the investigating officer during the course of an
investigation, focusing on a specific case. On the other hand, the General Diary
is kept at the Police Station and serves as a comprehensive log of all legal
events occurring within a 24-hour period.
In the General Diary, you'll find meticulous records of various activities,
including the movements of police personnel, handling of firearms and
ammunition, details of arrests, and the registration of criminal cases. These
entries are made promptly and accurately, ensuring a complete and up-to-date
record of law enforcement activities within the specified time frame.
Police Act 1861: Section 44
Every police station's officer-in-charge must maintain a General Diary,
following a format prescribed by the government.
In this diary, they should record all complaints, charges, names of arrested
individuals, complainants, the offences they are charged with, any weapons or
property seized, and the names of witnesses examined.
The District Magistrate has the authority to request and review this diary.
Section 154, CrPC - Information in Cognizable Cases
When someone orally reports a cognizable offence to a police officer, the
officer must write down the information, read it back to the informant, and have
them sign it.
The substance of this information is then entered into a book (General Diary)
kept by the officer, as prescribed by the government.
Section 155 CrPC - Information in Non-Cognizable Cases
If information about a non-cognizable offence is provided to a police officer
within the police station's jurisdiction, the officer records the substance of
the information (in the General Diary) and directs the informant to contact the
Magistrate.
A police officer cannot investigate a non-cognizable case without an order from
a Magistrate who has the authority to try or send the case for trial.
Once the police officer receives this order, they can exercise certain
investigative powers, excluding the power to arrest without a warrant, similar
to those applicable to cognizable cases.
References
- 1. https://indiankanoon.org/docfragment/10239019/?formInput=general diary
- 2. https://indiankanoon.org/docfragment/1239742/?formInput=general diary
- 3. https://advocatetanmoy.com/2020/07/20/general-diary-difference-with-fir/
- 4. https://thelawmatics.in/fir-book-and-general-diary-meaning-history-and-differences/
- 5. https://www.lawthinkers.com/all-about-gd-general-diary-in-bangladesh/
- 6. Police Regulation of Bengal (PRB) 1943
Written By: Md. Imran Wahab, IPS, IGP, Provisioning, West Bengal
Email:
[email protected], Ph no: 9836576565
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