ENACTMENT NO. 4 OF 1994 CRIMINAL PROCEDURE (SYARIAH) CODE 1994
PART VII - SUPPLEMENTARY PROVISIONS CHAPTER 24 - SPECIAL PROVISIONS RELATING TO EVIDENCE
Section 189. Procedure when person ablt to give material evidence is dangerously ill.
(1) Whenever it appears to a Judge that any person able to give material evidence either for the prosecution or defence in relation to a seizable offence, is so dangerously ill that it is not practicable to take his evidence according to the usual course of law, the said Judge may take the deposition of such person provided such reasonable notice as the case admits has been given to the prosecutor and the accused of the intention to take it and of the time and place at which the Judge intends to take it.
(2) If the accused be 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) 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 Judge who took it and the contrary be not proved or if it 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 peguam syarie might have been present and might have had, if he had chosen to be present, full opportunity of cross-examination.