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Section 340

Admissibility of medical report in certain cases

of Criminal Procedure Code

ActIn forceProvision 299 of 411
Section 340
(1)

Where on the trial of any person charged with culpable homicide amounting to murder or culpable homicide not amounting to murder it is proved that the Medical Officer who made the post-mortem examination of the body of the deceased person is dead or is absent from

Malaysia, it shall be lawful to receive any report of that Medical Officer

Criminal Procedure Code 187

made under the provisions of this Code as evidence with regard to the appearances of the body when examined by that Medical Officer and as regards the cause of death.

(2)

Such evidence shall be subject to such deduction from its weight as the Court deems proper to make by reason of that report not having been made upon oath and the accused person not having any opportunity of cross-examination.