In this post we will learn about daily-day-report and how it is different from FIR. Under what circumstances a DDR may be recorded and what is the significance of DDR.
Difference between DDR and FIR
DDR
What is Daily Diary Report(DDR)?
In this post we will learn about daily-day-report and how it is different from FIR. Under what circumstances a DDR may be recorded and what is the significance of DDR.
INTRODUCTION: We often come across crimes like pick-pocketing, hurling verbal abuses, nuisance etc. whose nature is not so serious or maybe trivial in nature but when reported to police are recorded as DDR because these are non-cognizable offences for which lodging FIR is not possible generally. When information is first received from the informant the substance is entered into the books of police station in whose local jurisdiction the crime has taken place. And later the substance is categorized into FIR if cognizable offence otherwise recorded as non-cognizable. DDR is important because it is first instance when a crime is taken to the police station. Therefore, it holds great significance because the timeline of the crime is duly acknowledged.
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DDR UNDER CRIMINAL PROCEDURE CODE, 1973
Section 155 – Information as to non-cognizable cases and investigation of such cases
- When information is given to an officer in charge of a police station of the commission within the limits of such station of a non-cognizable offence, he shall enter or cause to be entered the substance of the information in a book to be kept by such officer in such form as the State Government may prescribe in this behalf, and refer, the informant to the Magistrate.
- No police officer shall investigate a non-cognizable case without the order of a Magistrate having power to try such case or commit the case for trial.
- Any police officer receiving such order may exercise the same powers in respect of the investigation (except the power to arrest without warrant) as an officer in charge of a police station may exercise in a cognizable case.
- Where a case relates to two or more offences of which at least one is cognizable, the case shall be deemed to be a cognizable case, notwithstanding that the other offences are non-cognizable
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Section 155(1) expressly provides us that any offence taking place within the local jurisdiction of a police station and nature of the criminal activity is non-cognizable, then the substance of information shall be entered into the books of police station and that book shall be maintained in a manner prescribed by the state government. All the particular of the substance are to be entered into the books of police station which is called a general diary or daily day report or DDR
Moreover the informant should be referred to the magistrate. As per the procedure, police shall not investigate a non-cognizable without the order of a magistrate having power to try such case.
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DIFFERENCE BETWEEN DDR AND FIR
As per Criminal Procedure Code, 1973 FIR is expressly given under section 154 and DDR under section 155 of the code respectively.
A general diary (GD) entry or a daily diary entry is made when any kind of complaint is lodged and the police enter the details in their records. Thereafter, if the police believe that there is some prima facie evidence of a cognizable offense being committed, it is registered as an FIR.
If the complaint made is relating to a non-cognizable offense, the general diary entry will still be made, but thereafter, it will be entered into a non-cognizable report. The general diary entry is, therefore, a stage prior to the FIR or non-cognizable report.
The general diary entry is an internal police record, while in the case of FIR or non-cognizable report, a copy of these will be provided to the complainant.
When it comes to evidentiary value and use in trial, FIR may serve as an important aspect but the general diary may not necessarily serve the purpose since it is first record of information after which it is either FIR or entered into non-cognizable activity.
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APEX COURT ENTAILED THE IMPORTANCE OF GENERAL DIARY
In May 2018, In its judgment, the apex court first explained that a General Diary is a record of all important transactions/events taking place in a police station, including departure and arrival of police staff; handing over or taking over of charge; arrest of a person; and details of law and order duties. The court, however, clarified that though there is “an obligation for a police officer to maintain a General Diary, such non-maintenance per se may not render the whole prosecution illegal.”
“However, on the other hand, we are aware of the fact that such non-maintenance of General Diary may have consequences on the merits of the case, which is a matter of trial. Moreover, we are also aware of the fact that the explanation of the genesis of a criminal case, in some cases, plays an important role in establishing the prosecution’s case,” the judgment observed.
The obligation of maintaining a General Diary is part of the course of conduct of a police officer, which may not have any bearing on the criminal trial, unless some grave prejudice going to the root of matter is shown to exist at the time of the trial, the Supreme Court said.
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CONCLUSION:
Therefore, what we understand from DDR is that it is the primary/ first hand information received by the police which maybe later categorized and it is recorded and maintained which is mandatory course for police. DDR is usually used for recording trivial matters whereas FIR is lodged whenever a serious offence takes place and it is expressly given the code.
The Apex court time and time laid emphasis on recording and maintaining general diary although entering in general diary is not a precondition to FIR but at the same it takes nothing away from the importance of general diary primarily because General diary records the first instance of activities that happen within local jurisdiction of a Police station.
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This post is written by Abhishek Pathak
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