ENACTMENT NO. 09 OF 2002
SYARIAH CRIMINAL PROCEDURE (STATE OF MALACCA) ENACTMENT 2002

PART VII - SUPPLEMENTARY PROVISIONS
CHAPTER 4 - SPECIAL PROVISIONS RELATING TO EVIDENCE



Section 196. Records of evidence in absence of accused.


(1) If it be proved that an accused person has absented himself so that there is no immediate prospect of arresting him, the Court competent to try such person for the offence complained of may, in his absence, examine the witnesses, if any, produced on behalf of the prosecution and record their depositions.

(2) Any deposition recorded under subsection (1) may, on the arrest of such person, be given in evidence against him at the trial for the offence with which he is charged, if the deponent is dead or incapable of giving evidence or his attendance could be procured without any amount of delay, expense or inconvenience which under the circumstances of the case would be unreasonable.




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