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Contents

Chapter XXV · Mode of Taking and Recording Evidence in Inquiries and Trials

272B. Evidence through live video or live television links

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(1)

Notwithstanding any other provision of this Code or the

Evidence Act 1950, a person, other than the accused, may, with leave of the Court, give video or live evidence through a live video or live television link in any trial or inquiry, if it is expedient in the interest of justice to do so.

(2)

The Court may, in the exercise of its power under subsection (1), make an order on any or all of the following matters:

(a)

the persons who may be present at the place where the witness is giving evidence;

(b)

that a person be excluded from the place while the witness is giving evidence;

(c)

the persons in the courtroom who must be able to be heard, or seen and heard, by the witness, and by the persons with the witness;

(d)

the persons in the courtroom who must not be able to be heard, or seen and heard, by the witness and by the persons with the witness;

(e)

the persons in the courtroom who must be able to see and hear the witness and the persons with the witness;

(f)

the stages in the proceedings during which a specified part of the order is to have effect;

Criminal Procedure Code 147

(g)

the method of operation of the live video or live television link system including compliance with such minimum technical standards as may be determined by the Chief Justice; and

(h)

any other order the Court considers necessary in the interest of justice.

(3)

The Court shall not give leave under subsection (1) or make an order under subsection (2) if, in the opinion of the Court, to do so would be inconsistent with the Court’s duty to ensure that the proceedings are conducted fairly to the parties to the proceedings.

(4)

Evidence given by a witness through live video or live television link by virtue of this section shall be deemed for the purposes of sections 193, 194, 195, 196, 205 and 209 of the Penal Code as having been given in the proceedings in which it is given.

(5)

Where a witness gives evidence in accordance with this section, he shall for the purposes of this Code and the Evidence Act 1950 be deemed to be giving evidence in the presence of the Court, the accused person or his advocate, as the case may be.

(6)

Where any video or live evidence given under this section is recorded on any medium, electronic or otherwise, such recording shall form part of the record.

CHAPTER XXVA

RECORDING OF PROCEEDINGS BY MECHANICAL MEANS

Report

Chapter XXVI

Judgment

Chapter XXVII

Sentences and the Carrying Out of IT

Chapter XXVIII

Suspensions, Remissions and Commutations of Sentences

Chapter XXIX

Previous Acquittals or Convictions

Part VII

Appeal and Revision

Chapter XXX

Appeals to the High Court

Chapter XXXI

Revision

Part VIII

Special Proceedings

Chapter XXXIII

Persons of Unsound Mind

Chapter XXXIV

Proceedings in Case of Certain Offences Affecting the Administration of Justice

Chapter XXXV

Maintenance of Wives and Children

Chapter XXXVI

Directions of the Nature of a Habeas Corpus

Part IX

Supplementary Provisions

Chapter XXXVII

The Public Prosecutor

Chapter XXXVIII

Bail

Chapter XXXIX

Special Provisions Relating to Evidence

Chapter XL

Provisions as to Bonds

Chapter XLI

Disposal of Exhibits and of Property the Subject of Offences

Chapter XLII

Transfer of Criminal Cases

Chapter XLIII

Irregularities in Proceedings

Chapter XLIV

Miscellaneous

Chapter V

Chapter V—Abetment

Chapter V

Chapter V—Abetment —(Cont.)

Chapter VI

Chapter Vi—Offences Against the State

Chapter VI

Chapter Vi—Offences Against the State—(Cont.)

Chapter VII

Chapter Vii—Offences Relating to the Armed Forces

Chapter VII

Chapter Vii—Offences Relating to the Armed Forces—(Cont.)

Chapter VIII

Chapter Viii—Offences Against Public Tranquility

Chapter VIII

Chapter Viii—Offences Against Public Tranquility—(Cont.)

Chapter IX

Chapter Ix—Offences by, or Relating to Public Servants

Chapter IX

Chapter Ix—Offences by, or Relating to Public Servants—(Cont.)

Chapter X

Chapter X—Contempts of the Lawful Authority of Public Servants

Chapter X

Chapter X—Contempts of the Lawful Authority of Public Servants—(Cont.)

Chapter XI

Chapter Xi—False Evidence and Offences Against Public Justice

Chapter XII

Chapter Xii—Offences Relating to Coin and Government Stamps

Chapter XII

Chapter Xii—Offences Relating to Coin and Government Stamps—(Cont.)

Chapter XIII

Chapter Xiii—Offences Relating to Weights and Measures

Chapter XIII

Chapter Xiii—Offences Relating to Weights and Measures—(Cont.)

Chapter XIV

Chapter Xiv—Offences Affecting the Public Health, Safety, Convenience,

Chapter XIV

Chapter Xiv—Offences Affecting the Public Health, Safety, Convenience, Decency

Chapter XV

Chapter Xv—Offences Relating to Religion

Chapter XV

Chapter Xv—Offences Relating to Religion—(Cont.)

Chapter XVI

Chapter Xvi—Offences Affecting the Human Body

Chapter XVII

Chapter Xvii—Offences Against Property

Chapter XVIII

Chapter Xviii—Offences Relating to Documents and to Currency Notes

Chapter XIX

Chapter Xix—Criminal Breach of Contracts of Service

Chapter XX

Chapter Xx—Offences Relating to Marriage

Chapter XX

Chapter Xx—Offences Relating to Marriage—(Cont.)

Chapter XXI

Chapter Xxi—Defamation

Chapter XXII

Chapter Xxii—Criminal Intimidation, Insult and Annoyance

Chapter XXII

Chapter Xxii—Criminal Intimidation, Insult and Annoyance—(Cont.)

Schedules