Section 582: Depositions to be received in evidence when witnesses cannot be produced

582. Depositions to be received in evidence when witnesses cannot be produced.—(1) Whenever, in the course of any legal proceeding under this Ordinance instituted at any place in Pakistan before any Court or magistrate, or before any person authorised by law or by consent of parties to receive evidence, the testimony of any witness is required in relation to the subject matter, and the defendant or the person accused, as the case may be, after being allowed a reasonable opportunity for so doing, does not produce the witness before the Court, Magistrate or person so authorized, any deposition previously made by the witness in relation to the same subject matter before any Court, Judge or Magistrate in Pakistan, or, if elsewhere, before a maritime Board or before any Pakistan consular officer, shall be admissible in evidence if— (a) the deposition is authenticated by the signature of the presiding officer of the Court or of the Judge or Magistrate or of the presiding officer of the Maritime Board or of the Pakistan consular officer, before whom it is made; (b) the defendant or the person accused had an opportunity by himself or his agent of cross-examining the witness; and (c) the proceeding is criminal, on proof that the deposition was made in the presence of the person accused. (2) It shall not be necessary in any case to prove the signature or official character of the person appearing to have signed such deposition; and a certificate by such person that the defendant or the person accused had an opportunity of cross-examining the witness, and that the deposition, if made in a criminal proceeding was made in the presence of the person accused, shall unless the contrary is proved, be sufficient evidence that he had that opportunity and that it was so made.

Effective date: 2001-01-01

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