Criminal Procedure Code · 2021 Revised Edition · Chapter XVII
151B. Written statements in lieu of depositions
Official textFrom Attorney General's Chambers, unchanged
In any preliminary inquiry, a written statement made by any person shall, if the conditions mentioned in subsection (2) are satisfied, be admissible to the same extent as oral evidence and to the same effect given a by that person would be admissible under the Evidence Act (Chapter 108).
inquiry
"inquiry" includes every inquiry conducted under this Code before a Magistrate;
The conditions are that -
the statement purports to be signed by the person who made it;
the statement contains a declaration by that person that it is true to the best of his knowledge and belief;
not less than 7 days before the statement is tendered in evidence, a copy of it is given, by or on behalf of the party proposing to tender it, to each of the other parties to the proceedings; and
none of the other parties, before the statement is tendered in evidence at the preliminary inquiry objects to its being so tendered under this section.
Notwithstanding that a written statement made by any person may be admissible in a preliminary inquiry by virtue of this section, the
Magistrate by whom the preliminary inquiry is held may, of his own motion or on the application of any party to the proceedings, require that person to attend before him and give evidence.
Magistrate
"Magistrate" means a Magistrate appointed by His Majesty the Sultan and Yang Di-Pertuan under the Subordinate Courts Act or under any written law;
•
So much of any statement as is admitted in evidence by virtue of this section shall, unless the Magistrate for reasons to be recorded by him otherwise directs, be read aloud in Court at the preliminary inquiry by the party tendering it or his representative, or by an official of the Court, as the
Magistrate may direct.
Any document or object referred to as an exhibit and a identified in a written statement tendered in evidence under this section shall
106 CAP. 7
Criminal Procedure Code be treated as if it had been produced as an exhibit and identified in Court by the maker of the statement.
So much any statement as is admitted in evidence by virtue of this section shall, if the conditions mentioned in section 33 of the Evidence
Act (Chapter 108) are satisfied, be deemed to be evidence given in a judicial proceedings for the purposes of that section.
judicial proceedings
"judicial proceedings" means any proceedings in the course of which evidence is or may be legally taken;
Subject to the provisions of sections 15 1A and 15 lB, the provisions of Chapter XVII apply, with any necessary exceptions, qualifications or modifications, to any preliminary inquiry to which the provisions of sections 1 5 1 A and 15 1 B apply.
The Magistrate may exercise the powers conferred upon him by section 145 in respect of any person whose statement has been admitted in evidence by virtue of this section as if that person had appeared before him as a witness in the preliminary inquiry, and for that purpose may summon the maker of the statement to appear before him at any time before the trial of the person or persons committed, and may issue a warrant for the arrest of the maker of the statement if he fails to appear in answer to any such summons.
Terms defined in s 2
inquiry
Defined · s 2"inquiry" includes every inquiry conducted under this Code before a Magistrate;
judicial proceedings
Defined · s 2"judicial proceedings" means any proceedings in the course of which evidence is or may be legally taken;
Magistrate
Defined · s 2"Magistrate" means a Magistrate appointed by His Majesty the Sultan and Yang Di-Pertuan under the Subordinate Courts Act or under any written law;
Chapter XVIII
Chapter X
Chapter X H
Chapter XX
Chapter XXI
Chapter XXII
Chapter XX7I1
Chapter XXIV
Chapter XXV
Chapter XXVII
Part 7
Chapter XXLX
Part 8
Part 9
Chapter XXXVI
Chapter XL
Chapter XLI
Part