Court’s discretion in summoning police diaries, use of entries to aid in trial, and limitations on the accused’s access to such diaries.
Delhi High Court Upholds Preservation of Police Diaries but Rejects Reconstruction Request. Court affirms interim order for preserving case diaries in Devangana Kalita's case but denies reconstruction of non-relevant entries.
The Delhi High Court, presided over by Justice Ravinder Dudeja, has upheld the preservation of police diaries as an essential part of ensuring fairness in the ongoing trial against Devangana Kalita. The judgment, delivered on September 22, 2025, addressed the petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking the setting aside of a previous order and demanding the reconstruction and preservation of specific police diary booklets related to the investigation of FIR No. 48/2020.
The petitioner, Devangana Kalita, challenged the trial court’s decision to dismiss her application, arguing that the police diaries contained antedated statements which could potentially undermine the integrity of the evidence presented in the trial. Kalita's counsel cited inconsistencies in the diary entries and requested reconstruction of booklets numbered 9989 and 9990, which she alleged were mishandled during the investigation.
The Delhi High Court, while acknowledging the importance of preserving police diaries to uphold the fairness of the trial, clarified that the reconstruction of diary entries not directly related to the current investigation was beyond the scope of Sections 172 and 91 of the Criminal Procedure Code (CrPC). Justice Dudeja emphasized the inherent power of the court to call for police diaries to aid in trials, but also noted the limitations on the accused's access to these diaries, as stipulated under Section 172(3) of CrPC.
The judgment reinforced the confidentiality of police diaries, stating that entries could be used to contradict police officers but were not substantive evidence. The court made clear that the accused could not inspect or demand reconstruction of diary entries unless specific provisions under Section 172(3) applied.
While the court dismissed Kalita's petition for reconstruction, it upheld its interim order for preserving the case diary booklets, ensuring they remain intact for any necessary reference during the trial. This decision underscores the judiciary's role in balancing the procedural sanctity of criminal investigations with the rights of the accused to a fair trial.
The ruling is expected to influence future cases regarding the handling and preservation of police diaries, particularly in high-profile investigations. The decision highlights the judiciary's discretion in maintaining the integrity of legal proceedings while safeguarding confidential investigative processes.
Bottom Line:
Powers of the Court under Section 172 and 91 of the CrPC with respect to preservation and reconstruction of police diaries-Court’s discretion in summoning police diaries, use of entries to aid in trial, and limitations on the accused’s access to such diaries.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 528), Criminal Procedure Code, 1973 (Sections 172, 91, and 482)
Devangana Kalita v. State NCT of Delhi, (Delhi) : Law Finder Doc Id # 2782347
