ENACTMENT NO. 10 OF 1993 SYARIAH CRIMINAL PROCEDURE ENACTMENT 1993
PART VI - SUPPLEMENTARY PROVISIONS CHAPTER XXII - SPECIAL PROVISIONS RELATING TO EVIDENCE
Section 188. Procedure when person able to give material evidence is dangerously ill.
(1) Whenever it appears to a Judge that any person who is able to give material evidence either for the prosecution or defence in relation to an offence is so dangerously ill that it is not practicable to take his evidence according to the usual course of law, the Judge may take the deposition of such person provided such reasonable notice as the case of the intention to take it and of the time and place at which the Judge intends to take it.
(2) If the accused is in custody, a Judge 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) If it is proved at the trial of the said accused that the deponent referred to in subsectioon (1) 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 Judge who took it, and the contrary be not proved, that the deponent was at the time of his examination gangerously 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 Peguam Syarie might have been present and might have had, if he had chosen to be present, full opportunity of cross-examination.