ENACTMENT No. 3 Of 1989 SYARIAH CRIMINAL PROCEDURE ENACTMENT 1988
PART VI - SUPPLEMENTARY PROVISIONS Chapter XXII - SPECIAL PROVISIONS RELATING TO EVIDENCE
Section 177. Procedure when person able to give material evidence is dangerously ill.
(1) Whenever it appears to a Kadi that any person able to give material evidence, either for the prosecution or defence is so dangerously ill that it is not practicable to take his evidence according to the usual course of law the said Kadi may take the deposition of such person provided such resonable notice as the case admits of has been given to the Pengarah Pendakwa and the accused of his intention to take it and of the time and place at which he intends to take it.
(2) If the accused be in custody a Kadi may order the officer in charge of the Prison to convey him to the place, at the time notified, and the said officer shall convey him accordingly.
(3) When it is proved at the trial of the said accused for any offence to which such deposition relates that the deponent is dead or that for any sufficient cause his attendance cannot be procured, the deposition may be read either for or against the accused, notwithstanding his absence when the same was taken, if it be certified under the hand of the Kadi who took it and the contrary be not proved or if be shown by extrinsic evidence that the deponent was at the time of his examination dangerously ill as aforesaid and that the said deposition was duly taken at the place and time notified and that reasonable notice of the intention to take it was given to the person against whom it is tendered in evidence so that he or his advocate might have been present and might have had, if he had chosen to be present, full opportunity of cross-examination.