[Rev. 2012]
Criminal Procedure Code
CAP. 75
155. Parties may examine witnesses
(1) The parties to a proceeding under this Code in which a commission is
issued may respectively forward any interrogatories in writing which the court
or magistrate directing the commission may think relevant to the issue, and the
magistrate to whom the commission is directed shall examine the witness upon
those interrogatories.
(2) Any such party may appear before the magistrate by advocate, or, if not
in custody, in person, and may examine, cross-examine and re-examine (as the
case may be) the witness.
156. Power of magistrate to apply for issue of commission
Whenever, in the course of a proceeding under this Code before a magistrate
other than a magistrate empowered to hold a subordinate court of the first class,
it appears that a commission ought to be issued for the examination of a witness
whose evidence is necessary for the ends of justice, and that the attendance of the
witness cannot be procured without an amount of delay, expense or inconvenience
which, under the circumstances of the case, would be unreasonable, the magistrate
shall apply to the High Court, stating the reasons for the application; and the High
Court may either issue a commission in the manner provided in section 154 or
reject the application.
157. Return of commission
(1) After a commission issued under section 154 or section 156 has been duly
executed it shall be returned, together with the deposition of the witness examined
thereunder, to the High Court or to the magistrate empowered to hold a subordinate
court of the first class (as the case may be), and the commission, the return thereto
and the deposition shall be open at all reasonable times to inspection of the parties,
and may, subject to all just exceptions, be read in evidence in the case by either
party, and shall form part of the record.
(2) A deposition so taken, if it satisfies the conditions prescribed by section 34
of the Evidence Act (Cap. 80) may also be received in evidence at a subsequent
stage of the case before another court.
[Act No. 46 of 1963, s. 183.]
158. Adjournment of inquiry or trial
In a case in which a commission is issued under section 154 or section 156,
the proceedings may be adjourned for a specified time reasonably sufficient for the
execution and return of the commission.
EVIDENCE FOR DEFENCE
159. Repealed by Act No. 46 of 1963, Second Sch.
160. Procedure where person charged is only witness
Where the only witness to the facts of the case called by the defence is the
person charged, he shall be called as a witness immediately after the close of the
evidence for the prosecution.
C44 - 61
[Issue 1]
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents