Syariah Courts Criminal Procedure Code · s 81

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81.
Proof by written statement
(1) In any criminal proceedings, a written statement by any person may, subject to the conditions provided in subsection (2), be admissible as evidence to the like extent as oral evidence to the like effect by that person.

S"$riah Courts
C'rinlinul Procedure Code
CAP. 224 61
•
(2) A statement may be tendered in evidence under subsection (1)
if-
(a) the statement purports to be signed by the person who made it;
(b) the statement contains a declaration by that person to the effect that it is true to the best of his knowledge and belief; and
(c) before the hearing at which the statement is tendered in evidence, a copy of the statement is served, by or on behalf of the party proposing to tender it, on each of the other parties to the proceedings:
Provided that paragraph (c) does not apply if the parties agree before or during the hearing that the statement shall be so tendered.
(3) If a statement tendered in evidence under subsection (1) -
(a) is made by a person under the age of 15 years qamariah, it shall give his age;
(b) is made by a person who cannot read it, it shall be read to him before he signs it and shall be accompanied by a declaration by the person who so read the statement to the effect that it was so read;
(c) refers to any document as an exhibit, the copy served on any other party to the proceedings under subsection (2)(c) shall be accompanied by a copy of that document or by such information as may be necessary in order to enable the party on whom it is served to inspect that document or a copy thereof.
a
(4) Notwithstanding that the written statement of a person may be admissible as evidence by virtue of this section -
(a) the party by whom or on whose behalf a copy of the statement was served may call the person making the statement to give additional evidence in the case which may include matters which are not contained in the statement; and
(b) the maker of the statement shall attend the trial for cross-examination and re-examination.

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Crilwinal Procedure Code
(5) So much of any statement as is admitted in evidence by virtue of this section shall. unless the Syariah Court otherwise directs, be read aloud at a the hearing and where the Syariah Court so directs. an account shall be given orally of so much of any statement as is not read aloud.
(6) Any document or object referred to as an exhibit and identified in a written statement admitted in evidence under this section shall be treated as if it had been produced as an exhibit and identified in the Syariah Court by the maker of the statement.
(7) A document required by this section to be served on any person may be served -
(a) by delivering to him or to his Syar'ie Lawyer; or
(bj in the case of a body corporate, by delivering it to the secretary of the body or any person authorised by the body at its registered or principal office or by sending it by registered post addressed to the secretary of that body or any person authorised by the body at that office.

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s 81Proof by written statement

(1)

In any criminal proceedings, a written statement by any person may, subject to the conditions provided in subsection (2), be admissible as evidence to the like extent as oral evidence to the like effect by that person.

S"$riah Courts

C'rinlinul Procedure Code

CAP. 224 61

•

(2)

A statement may be tendered in evidence under subsection (1)

if-

(a)

the statement purports to be signed by the person who made it;

(b)

the statement contains a declaration by that person to the effect that it is true to the best of his knowledge and belief; and

(c)

before the hearing at which the statement is tendered in evidence, a copy of the statement is served, by or on behalf of the party proposing to tender it, on each of the other parties to the proceedings:

Provided that paragraph (c) does not apply if the parties agree before or during the hearing that the statement shall be so tendered.

(3)

If a statement tendered in evidence under subsection (1) -

(a)

is made by a person under the age of 15 years qamariah, it shall give his age;

(b)

is made by a person who cannot read it, it shall be read to him before he signs it and shall be accompanied by a declaration by the person who so read the statement to the effect that it was so read;

(c)

refers to any document as an exhibit, the copy served on any other party to the proceedings under subsection (2)(c) shall be accompanied by a copy of that document or by such information as may be necessary in order to enable the party on whom it is served to inspect that document or a copy thereof.

(4)

Notwithstanding that the written statement of a person may be admissible as evidence by virtue of this section -

(a)

the party by whom or on whose behalf a copy of the statement was served may call the person making the statement to give additional evidence in the case which may include matters which are not contained in the statement; and

(b)

the maker of the statement shall attend the trial for cross-examination and re-examination.

Syariah Courts 62

Crilwinal Procedure Code

(5)

So much of any statement as is admitted in evidence by virtue of this section shall. unless the Syariah Court otherwise directs, be read aloud at a the hearing and where the Syariah Court so directs. an account shall be given orally of so much of any statement as is not read aloud.

(6)

Any document or object referred to as an exhibit and identified in a written statement admitted in evidence under this section shall be treated as if it had been produced as an exhibit and identified in the Syariah Court by the maker of the statement.

(7)

A document required by this section to be served on any person may be served -

(a)

by delivering to him or to his Syar'ie Lawyer; or

(bj in the case of a body corporate, by delivering it to the secretary of the body or any person authorised by the body at its registered or principal office or by sending it by registered post addressed to the secretary of that body or any person authorised by the body at that office.