Syariah Courts Criminal Procedure Code · s 334

Suggest a correction

Tell us what is wrong in this text. We check every suggestion against the official version before we change anything.

What is wrong?Wrong or mistyped wordsWrong structure or numberingWrong title or detailsText that appears twice

What should change, and whyUp to 2,000 characters.The text as it should read (optional)

334.
Procedure where person able to give material evidence is dangerously ill
(1) When it appears to a Syar'ie Judge that any person able to give material evidence, either for the prosecution or defence, relating to a seizable offence is so dangerously ill that it is not practicable to take his evidence according to the usual course of law. the Syar'ie Judge may take the deposition of such person provided such reasonable notice as the case admits of has been given to the prosecutor and the accused of his intention to take the deposition and of the time and place at which the Syar'ie Judge intends to take it.
(2) If the accused is in custody. a Syar'ie Judge may order the officer in charge of the prison to convey the accused to the place at the time notified and such officer shall convey him accordingly.
(3) Except in offences punishable with hadd, qisas, diyal, death or other sentences as prescribed by the Chief Syar'ie Judge, when it is proved at the trial of the accused for any offence to whch such deposition relates that the deponent is dead or that for any sufficient cause his attendance cannot be procured, the deposition may be read either for or against the accused, notwithstanding his absence when the deposition was taken, if the deposition be certified under the hand of the Syar'ie Judge who took it and the contrary is not proved or if it is shown by other evidence that -
(a) the deponent was at the time of his examination dangerously ill as mentioned in subsection (1);
(b) the deposition was duly taken at the place and time notified;
and
(c) reasonable notice of the intention to take it has been given to the person against whom the deposition is tendered in evidence so that he or his Syar'ie Lawyer may be present and may have. if he had chosen to be present. full opportunity of cross-examination.
(4) A deposition under this section is qurinah.

S')ariak Co~rrts
Criminal Procedure Code
CAP. 224 181

Edit the text above. Up to 20,000 characters.Where you checked it (optional)A link to the official version, if you have one.

The text as we hold it

Open the official text

s 334Procedure where person able to give material evidence is dangerously ill

(1)

When it appears to a Syar'ie Judge that any person able to give material evidence, either for the prosecution or defence, relating to a seizable offence is so dangerously ill that it is not practicable to take his evidence according to the usual course of law. the Syar'ie Judge may take the deposition of such person provided such reasonable notice as the case admits of has been given to the prosecutor and the accused of his intention to take the deposition and of the time and place at which the Syar'ie Judge intends to take it.

(2)

If the accused is in custody. a Syar'ie Judge may order the officer in charge of the prison to convey the accused to the place at the time notified and such officer shall convey him accordingly.

(3)

Except in offences punishable with hadd, qisas, diyal, death or other sentences as prescribed by the Chief Syar'ie Judge, when it is proved at the trial of the accused for any offence to whch such deposition relates that the deponent is dead or that for any sufficient cause his attendance cannot be procured, the deposition may be read either for or against the accused, notwithstanding his absence when the deposition was taken, if the deposition be certified under the hand of the Syar'ie Judge who took it and the contrary is not proved or if it is shown by other evidence that -

(a)

the deponent was at the time of his examination dangerously ill as mentioned in subsection (1);

(b)

the deposition was duly taken at the place and time notified;

and

(c)

reasonable notice of the intention to take it has been given to the person against whom the deposition is tendered in evidence so that he or his Syar'ie Lawyer may be present and may have. if he had chosen to be present. full opportunity of cross-examination.

(4)

A deposition under this section is qurinah.

S')ariak Co~rrts

Criminal Procedure Code

CAP. 224 181