Evidence Act · 2014 Revised Edition · Chapter II
Section 33
Official textFrom Attorney General's Chambers, unchanged
Evidence given by a witness in a judicial proceedings, or before any person authorised by law to take it, is relevant for the purpose of proving in a subsequent judicial proceedings, or in a later stage of the same judicial proceeding, the truth of the facts which it states, when the witness is dead or cannot be found or is incapable of giving evidence, or is kept out of the way by the adverse party, or if his presence cannot be obtained without an amount of delay or expense which under the circumstances of the case the court considers unreasonable:
evidence
“evidence” includes — (a) all statements which the court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry: such statements are called oral evidence; (b) all documents produced for the inspection of the court: such documents are called documentary evidence.
Provided —
that the proceeding was between the same parties or their representatives in interest;
that the adverse party in the first proceeding has the right and opportunity to cross-examine;
that the questions in issue were substantially the same in the first as in the second proceeding.
Explanation — A criminal trial or inquiry shall be deemed to be a proceeding between the prosecutor and the accused within the meaning of this section.
Evidence
Statements made under special circumstances
Terms defined in s 3
court
Defined · s 3“court” includes all Judges and Magistrates and, except arbitrators, all persons legally authorised to take evidence;
evidence
Defined · s 3“evidence” includes — (a) all statements which the court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry: such statements are called oral evidence; (b) all documents produced for the inspection of the court: such documents are called documentary evidence.
Part II
On proof
Chapter III
Chapter IV
Chapter V
Chapter VI
Part III