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

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.

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.

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 deposition under this section is qurinah.