Section 401
Record of evidence in absence of accused
(2)
Any such deposition may, on the arrest of that person, be given in evidence against him on the trial for the offence with which he is charged, if the deponent is dead or incapable of giving evidence or his attendance cannot be procured without an amount of delay, expense or inconvenience which under the circumstances of the case would be unreasonable.
(3)
If it appears that an offence punishable with death or with imprisonment has been committed by some person or persons unknown the Court of a First Class Magistrate may hold an inquiry and examine any witnesses who can give evidence concerning the offence.
Any depositions so taken may be given in evidence against any person
Criminal Procedure Code 213
who is subsequently accused of the offence if the deponent is dead or incapable of giving evidence or is beyond the limits of Malaysia.