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 192. Procedure when person able 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 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 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 that officer shall convey him accordingly.
(3) When it is proved at the trial of the 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 it 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 mentioned in subsection (1) and that the 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.
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