Sri Lanka Consolidated Acts

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Code Of Criminal Procedure Act (No. 15 of 1979) - Sect 148

Depositions

148.
(1) The Magistrate shall then take, in the presence of the accused and in the manner hereinafter provided, the statements on oath or affirmation of those who know the facts and circumstances of the case, and put them in writing (called the depositions) :
(2) Subject to the proviso to subsection (1) the accused may put questions to each witness produced against him and the answer of the witness thereto shall be part of his deposition.
(3) If the accused is not represented by an attorney-at-law the Magistrate shall, at the close of the examination of each witness for the prosecution, ask the accused whether he wishes to put any questions to the witness.
(4)
(a) Where the accused-
(i) is absconding or has left the island ; or
(ii) is unable to attend or remain in court by reason of illness and either has consented to the commencement or continuance of the inquiry in his absence or such inquiry may commence or continue without any prejudice to him ; or
(iii) by reason of his conduct in court is obstructing or impeding the progress of the inquiry,
(b) An attorney-at-law may appear for such absent accused.
(c) The inquiry shall proceed as far as is practicable in accordance with the provisions of this Chapter and section 416 shall apply to the depositions recorded where there is a trial on indictment in the High Court whether the accused is present in the High Court or not.


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