Complainents and witnesses not to be subjected to restraint. or shall be subjected to unnecessary
restraint or inconvenience, or required to give any security for his appearance other than his own bond.
Recusant complainant witness may be forwarded in custody. Provided that, if any complainant or
witness refuses to attend or to execute a bond as directed in section 170, the officer in charge of the police
station may forward him in custody to the Magistrate, who may detain him in custody until he executes such
bond, or until the hearing of the case is completed.
172. Diary of proceedings in investigation._(1) Every policeofficer making an investigation under this
Chapter shall day by day enter his proceedings 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 him, and a statement of the circumstances ascertained through his investigation.
(2) Any Criminal Court may send for the policediaries 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. 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 policeofficer who made them,
to refresh his memory, or if the Court, uses them for the purpose of contradicting such policeofficer, the
provisions of the Evidence Act, 1872 (I of 1872), section 161 or section 145, as the case may be, shall
apply.
173. Report of policeofficer.__1[(1) Every investigation under this Chapter shall be completed without
unnecessary delay, and as soon as it is completed, the officer in charge of the policestation shall 2[,through
the Public Prosecutor,]
(a) forward to a Magistrate empowered to take cognizance of the offence on a policereport a
report, in the form prescribed by the 3[Provincial Government], setting forth the names of the
parties, the nature of the information and the names of the persons who appear to be acquainted
with the circumstances of the case, and stating whether the accused (if arrested) has been
forwarded in custody or has been released on his bond, and, if so, whether with or without
sureties, and
(b) communicate, in such manner as may be prescribed by the 3[Provincial Government], the action
taken by him to the person, if any, by whom the information relating to the commission of the
offence was first given [:]2
2[Provided that, where investigation is not completed within a period of fourteen days from the date of
recording of the first information report under section 154, the officer in charge of the police station shall,
within three days of the expiration of such period, forward to the Magistrate through the Public Prosecutor,
an interim report in the form prescribed by the Provincial Government stating therein the result of the
investigation made until then and the
1 Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s. 40, for the original subsection (1).
2 Added & subs.by Act XXV of 1992, s. 2.
3 Subs. by A.O., 1937, for “L.G.”.
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