Criminal Procedure Code · Updated to 1 May 2023 · Chapter XXXIX · Special Provisions Relating to Evidence
401. Record of evidence in absence of accused
Feedback & supportIf it is proved that an accused person has absented himself so that there is no immediate prospect of arresting him, the Court competent to try that person for the offence complained of may, in his absence, examine the witnesses, if any, produced on behalf of the prosecution and record their depositions.
Court
“Court” means the High Court, a Sessions Court, or a Magistrate’s Court of any class, as the context may require;
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.
offence
“offence” means any act or omission made punishable by any law for the time being in force;
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.
inquiry
“inquiry” includes every inquiry conducted under this Code before a Magistrate;
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.