Filing A General Diary Against A Person

A vital part of law enforcement is filing a General Diary (GD) against an individual, which entails formally documenting noteworthy occurrences and complaints at a police station. This involves keeping track of offenses, complaints, and charges made against specific people, as well as arrests and the specifics of any goods or weapons confiscated. The GD is essential to maintaining accountability and openness in police operations, assisting with correct record-keeping, and serving as a resource for upcoming court cases and investigations.

What Is General Diary In Legal Context?

Under the provisions of Section 44 of the Police Act, 1861, in the States to which it applies, or under the respective provisions of the Police Act(s) applicable to a state, or under the Police Manual of a state, as the case may be, the General Diary, also known as Station Diary or Daily Diary in some states, is kept.

According to Section 44 of the Police Act of 1861, every officer in charge of a police station is required to keep a general diary in the format prescribed from time to time by the state government. In this diary, they must record all complaints and charges that are brought against them, the names of all those who have been arrested, the names of the complainants, the offenses against them, any weapons or property that may have been taken from them, and the identities of any witnesses who have been questioned.

it serves as a record of all significant interactions and events that occur within a police station, such as the arrival and departure of officers, the transfer of charges, the making of an arrest, specifics regarding law enforcement responsibilities, the presence of senior officers, etc. Furthermore, as the filing of a First Information Report (FIR) is a noteworthy occasion at the police station, the GD also includes an overview of every FIR that is recorded there. The FIR number is indicated in the GD entry, and the GD entry reference is entered in the FIR Book simultaneously. The contemporaneous documentation guarantees the accuracy of both records. Every day, a new entry is made to the GD, which is kept in chronological order and begins with the number 1.

Difference Between General Diary And FIR

Following are the differences between general diary and FIR:

Who Can Fill General Diary? 

A police station's general journal serves as both an institutional memory and a log of all the events that take place there. Even in the absence of a formal complaint, any person may request that an entry be put in the GD. One thing you should be aware of regarding how a police station's general diary entry operates is that the duty officer often has possession of the general journal. Further, the duty officer may be asked to make the entry into the GD by the resentful citizen. It is not required for the resentful citizen to bring a formal petition. The citizen will get a GD entry slip from the duty officer that includes the GD entry number. The GD number of the entry will be unique and the citizen can use it for future reference. Women can avail the assistance of the Women Help Desk in all the police stations.

Process For Filling General Diary 

The Officer-in-Charge (OC) supervises the Duty Officer at the police station, who receives a General Diary (GD). Every day, beginning at 8 a.m. and lasting for 24 hours, entries are made. A GD must be submitted using a predetermined application format, addressed to the OC, with the police station's address included, and with a specific subject specified. Fill out the application with a thorough description of the occurrence, sign it, and provide your name, address, and phone number. Take copies of the duplicates to the police station. Give the Duty Officer two copies so that he or she can annotate them with a date, GD number, signature, and seal. The Duty Officer keeps one copy and gives you back the other. If someone is unable to draft a GD, they can ask the police station's Duty Officer for assistance. The Duty Officer or OC will launch an investigation to confirm the information and take appropriate legal action after receiving a GD application.

Sample Of General Diary 

Date: ____

To

Officer In Charge

ABC Police Station

XYZ, City

Subject: Application for entry of a General Diary

Dear Sir/Madam,

I, Mr __________, son of __________, of __________, P.S: __________, District: __________, is a Doctor by profession. That today, on __________, at around 4 p.m. I took a bus named ATCL from the Gulistan Bus Stand towards the City College Bus Stand. Thereafter, I arrived at around 5.00 p.m. at the City College Bus stand and subsequently, I took a rickshaw to go to my chamber at House No. __________, Road No. __________, Dhanmondi R/A, Dhaka -1207. Thereafter, I have started to see my patients. Subsequently, at around 8.00 p.m., I found that an envelope which was in the right side of my pant pocket had been lost, Where there was a Cheque bearing an amount of TK. _________ /- (Taka __________  ) in my name being the Cheque No. __________ dated __________, of __________ Bank Limited, __________ Branch, Dhaka, and two other papers were also in that envelope.

In the circumstances, I hereby kindly request you to take the necessary steps regarding their said matter and enter the said matter as a general Diary with your police Station and oblige me thereby.

Yours truly,

Mr. __________

Corresponding Address:

Cell No. 0XXXXXXXXXXX

Judgements Related To General Diary 

Cbi V. Tapan Kumar Singh

The Supreme Court held in CBI v. Tapan Kumar Singh (2003) 6 SCC 175 that, under certain circumstances, a General Diary Entry may be regarded as a Form I-FIR if it reveals the commission of a cognizable offense.

State By Lokayukta Police V. H. Srinivas

A Supreme Court bench made up of Justices N.V. Ramana and S. Abdul Nazeer decided in State by Lokayukta Police v. H. Srinivas that keeping a general diary is an essential component of a police officer's job description. The Court did stress, nevertheless, that unless it is shown that this diary's absence materially disadvantages the case, it usually has no bearing on the legality of a criminal prosecution.

In this specific instance, the Karnataka High Court's judgment to dismiss criminal charges in a corruption case was overturned by the Supreme Court. The Court made it clear that while police personnel are required to keep a General journal, the prosecution as a whole is not automatically unconstitutional just because this journal is not kept up to date.

It is crucial to remember that filing a First Information Report (FIR) does not always necessitate that specifics of a crime be included in the police station's General Diary. Rather, the main purpose of the General Diary is to document important happenings and business that take place in a police station. This involves keeping records of police officer movements, job transfers, arrests, and law-and-order operations.

In conclusion, the Supreme Court's ruling upheld the use of a general diary for police stations as a tool for preserving records while making it clear that, unless it materially disadvantages the case, the absence of one does not automatically render criminal proceedings void.

Conclusion

To sum up, the legal procedure that guarantees thorough recording of all noteworthy actions and complaints at a police station is the filing of a General Diary against an individual. The GD preserves the integrity of the judicial system in addition to facilitating efficient case management and investigation by thoroughly documenting occurrences, complaints, and police actions. It is an essential part of police work that promotes public faith in the legal system and helps to safeguard the interests of the public.

About The Author:

Adv. Prerana Dey is a dedicated lawyer with a robust legal practice spanning various domains, including civil, criminal, consumer, and matrimonial law. She completed her LLB and began practicing law in 2022. Over the course of her career, Prerana has gained substantial experience and a reputation for her commitment to justice and her clients.