Section 396

the attendance of a person who is to give evidence cannot be procured without an amount of delay or expense which under the circumstances of the case appears to the Court unreasonable; or

a person who is to give evidence may become incapable of giving evidence, the Public Prosecutor may make an oral application to the Court which has jurisdiction to try the case for the production of that person before the Court for the purpose of recording that person’s evidence on oath.

The Court shall, upon such application being made, issue a summons or order for the attendance of the person, if the person is under custody, directed to the person in charge of the place where such person is placed, requiring him to produce the person at the time and place specified in the order.

The Court shall record the evidence of the person and complete such recording within seven days from the date of the production of that person before him.

In the course of recording the evidence of the person under subsection (3), the person shall be examined in accordance with the

Evidence Act 1950.

The Court shall cause the evidence to be reduced into writing.

Criminal Procedure Code 209

Notwithstanding anything contained in this Code or any other written law to the contrary, the evidence recorded under this section shall be admissible in evidence in any proceedings and the weight to be attached to such evidence shall be the same as that of a witness who appears and gives evidence in the course of a proceeding.

Deposition of medical witness