General Diary:

A General Diary (GD) is an official log kept at every police station to chronicle daily operations, grievances, and noteworthy occurrences. It functions as a repository for police officers to log information, even if it doesn't warrant a full investigation, but is crucial for future reference. The GD contains entries detailing reports of missing individuals, lost possessions, initial grievances, and non-cognizable offences. To illustrate, when someone reports a lost wallet, it might be logged in the GD rather than an FIR, since it's a non-cognizable offence not requiring immediate investigative action.

First Information Report:

A First Information Report (FIR) is a crucial document prepared by the police after receiving information about a cognizable offence, which is a crime that allows them to begin an immediate investigation and make an arrest without needing a court's permission first. The FIR, which includes details about the complainant, the time and place of the offence, and a description of what happened etc, marks the beginning of a formal criminal investigation. For example, reporting a theft or murder will result in the police registering an FIR under the relevant laws, thereby setting the investigation in motion.

Key Differences between GD and FIR:

A detailed breakdown of the key differences between a General Diary (GD) and a First Information Report (FIR) from a legal perspective is given below:

1. Legal Basis: The legal foundation for maintaining a General Diary stems from Section 44 of the Police Act, 1861, or analogous provisions within state-level Police Acts. It can also be governed by guidelines outlined in a state's Police Manual. Conversely, the First Information Report (FIR) is explicitly addressed and governed by Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
2. Severity and Potential Consequences: A GD entry typically indicates a less serious matter. While it warrants documentation, it generally doesn't immediately lead to arrest. In contrast, the lodging of an FIR signifies a potentially serious offence, raising concerns about arrest and legal proceedings for the accused named.
3. Content Scope: The General Diary serves as a comprehensive record for various aspects of police station administration, including routine activities and internal communications. These administrative details are not included in an FIR, which focuses solely on information related to a specific cognizable offence.
4. Complainant's Signature: While the complainant's signature is not always required for a General Diary entry, it is mandatory to obtain the complainant's signature in the FIR upon officially submitting the complaint at the police station. This signature acts as an acknowledgment and authentication of the information provided.
5. Location of Maintenance: General Diaries are maintained at various police establishments, including the police station, police investigation centres, police camps, or police outposts. FIRs, however, are exclusively maintained at the police station itself.
6. Purpose and Objective: The General Diary acts as a written record for a wide array of occurrences, grievances, or information. These may not directly constitute criminal offences but require documentation for administrative purposes, intelligence gathering, or potential future reference. The key aim is to uphold transparency and accountability within law enforcement. The FIR, which is a written document that is filed by the police, contains information about any cognizable offence committed. The first information that will reach the police is what the FIR is based on.
7. Type of Offence: A GD is generally lodged for non-cognizable offences, where police require a warrant of arrest issued from the court having jurisdiction. An FIR is filed for cognizable offences, where the police have the authority to arrest without a warrant.
8. Copy Distribution: While a copy of the General Diary is sent to a superior police officer, it is not typically sent to the Judicial Magistrate or Judge having jurisdiction. In contrast, a copy of every FIR is mandatorily sent to both superior police officers and the concerned Judicial Magistrate or Judge.
9. Bail Requirements: Generally, a GD entry against a person does not necessitate securing bail. However, if an FIR is lodged, the accused person will likely need to apply for bail to avoid arrest and detention.
10. Culmination in Charge Sheet: A General Diary entry generally does not lead to the filing of a charge sheet in court. Conversely, an FIR, after investigation, may culminate in a charge sheet if sufficient evidence is found to prosecute the accused.
11. Need for Criminal Investigation: Information recorded in a GD may not require a full-fledged criminal investigation. However, the recording of an FIR invariably triggers a criminal investigation by the police to gather evidence, identify suspects, and determine the veracity of the complaint.
12. Nature of Information: A General Diary can contain both civil and criminal information, documenting a broad range of events. In contrast, an FIR exclusively records information pertaining to criminal offences.
13. "Zero" Concept: While there is no equivalent concept of a "Zero GD," the concept of a "Zero FIR" (where a police station can register an FIR regardless of jurisdiction and then transfer it to the relevant station) is recognized in law.
14. Priority Level: A GD complaint may or may not be given high priority by the concerned police officer, depending on the nature of the incident and available resources. In contrast, FIRs are given top priority as they involve criminal offences and potential harm to individuals and society.
15. Investigation Requirement: A GD may not require a formal investigation and may serve as a record of incidents for future reference. However, FIR initiates a police investigation to gather evidence, identify suspects, and take legal action against offenders.
16. Seriousness of Treatment: Police generally treat GD complaints less seriously than FIRs, reflecting the difference in the gravity of the matters they address.
17. Authorization: A GD can be filed without the signature of the Station House Officer (S.H.O.) or Officer-in-Charge (O.C.) of the police station. In contrast, an FIR cannot be initiated without the signature of the S.H.O./O.C., underscoring the FIR's more formal and serious nature.
18. Lodging Venue: GD is generally lodged at the police station, FIR may be lodged both at the police station and also through the court under Section 175 (3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
19. Scope of Incidents: GD covers a wide range of incidents, including accidents, complaints, lost or missing property, and administrative tasks. In contrast, FIRs are limited to criminal offences and related information necessary for law enforcement purposes.
20. Legal Obligation: The police are not always legally obligated to take specific action based on the GD records, although follow-up may be necessary depending on the circumstances. The police are legally obligated to investigate the reported offence as per FIR and take appropriate legal action in accordance with the law.
21. Conversion: In CBI v. Tapan Kumar Singh (2003) 6 SCC 175, the Supreme Court clarified that under specific circumstances, a General Diary Entry could be treated as an FIR if it discloses the commission of a cognizable offence. The reverse, however, is not true; an FIR is seldom converted into a General Diary.
22. Officer's Knowledge: A GD entry may sometimes be made by a police officer other than the officer-in-charge without the latter's knowledge. However, an FIR is rarely lodged without the knowledge and authorization of the officer-in-charge of the police station.
23. Information Cross-Reference: The gist of a General Diary entry is generally not required to be noted in an FIR. Conversely, the key details of an FIR are typically mentioned in the General Diary to maintain a comprehensive record.
24. Timing: A GD can be made any time after the incident, whereas an FIR is lodged immediately after the commission of the crime, and any unnecessary delay in this regard should be explained.
25. Nature of Document: A GD may be treated as an administrative document, whereas an FIR is a legal document.
26. Cancellation: A GD can be cancelled by an officer-in-charge of the police station, whereas an FIR cannot be cancelled by him.
27. Obligation: While maintaining a General Diary (GD) might be optional, filing a First Information Report (FIR) is mandatory. This implies that reporting an incident in a General Diary is discretionary, but upon receiving initial information about a crime, lodging an FIR is legally required.
28. Standard of Conduct: The duty to maintain a General Diary is an essential part of the conduct expected of the relevant officer. However, unlike an FIR, it may not necessarily have any impact on the outcome of a criminal trial unless it can be proven that there is a significant bias that affects the core of the matter, as stated on 18.05.2018 by the Supreme Court Justices N. V. Ramana and S. Abdul Nazeer in their ruling on the case of State by Lokayukta Police v. H. Srinivas.
29. FIR Submission is Mandatory, GD is Not: The relevant police officer must immediately send the First Information Report (FIR) to the Judicial Magistrate or judge with jurisdiction. However, submitting a General Diary (GD) is not required. An FIR is a crucial legal document that police register upon receiving a complaint of a crime. As it initiates a significant legal process, it needs to be brought to the judge's attention promptly. A GD, on the other hand, is primarily an information document where various incidents are recorded, but it is not directly related to the judicial process; therefore, prompt submission is not mandatory.
30. Possibility of Jail: A General Diary (GD) serves as an informational record for the police and doesn't automatically lead to arrest or legal proceedings. In contrast, a First Information Report (FIR) is a formal complaint that triggers a police investigation and can result in the arrest and potential imprisonment of the accused, marking the start of a criminal case.
31. Legal Consequences for Dereliction in Filing: Though failing to record a General Diary doesn't generally invite penalties, neglecting to file an FIR for a cognizable offence carries severe legal repercussions. Failing to file an FIR can lead to obstruction of justice charges, civil liability, lost evidence, hindering justice, and endangering public safety.
32. Mandatory Filing of GD: When valuable items such as passports, voter IDs, Aadhaar cards, or mobile phones are lost or go missing, it's advisable to file a General Diary (GD) with the police rather than a First Information Report (FIR). Filing a GD serves as an official record of the loss, protecting the owner from potential legal repercussions should the missing item be misused by someone else in the future.
33. Evidentiary Value: In legal proceedings, a First Information Report (FIR) carries more evidentiary weight than a General Diary (GD). An FIR, recorded under Section 173 of the BNSS for cognizable offences, is crucial for initiating investigations and can impact witness credibility, although it's not substantive evidence itself. Conversely, a GD primarily documents routine police activities and has lower evidentiary value, serving mainly as corroborative or secondary evidence to establish timelines or prior information. Consequently, courts prioritize the FIR over a GD when determining the facts of a criminal case.
34. Implications for an Accused: While a General Diary (GD) entry against an individual may not immediately cause significant concern, the lodging of a First Information Report (FIR) presents a much more serious situation. An FIR indicates the commencement of a formal investigation, increasing the risk of arrest and potential imprisonment for the accused.

Written By: Md.Imran Wahab, IPS, IGP, Provisioning, West Bengal
Email: imranwahab216@gmail.com, Ph no: 9836576565