442. Depositions to be received in evidence when witness cannot be produced.- (1) Whenever, in the course of any legal proceeding under this Act instated at anyplace in India before any court or magistrate or before any person authorised by A law 'or by consent of parties to received evidence, the testimony of any witness is required in relation to the subject-matter, and the defendant or the person caused (as the case maybe), after being allowed a reasonable opportunity for so doing, does not produce the witness before the court, magistrate or person so authorised, any deposition previously made by the witness in relation to the same subject-matter before any court, justice or magistrate in any other place in India or, if elsewhere, before a Marine Board or before any Indian consular officer, shall be admissible evidence- (a) if the deposition is authenticated by the signature of the presiding officer of the court of the justice, magistrate or Marine Board or consular, officer, before whom it is mad (b) if the defendant or the person accused had an opportunity by himself or has agent of cross-examining the witness; (c) if he 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 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 approved, be sufficient evidence that he had that opportunity and that tit was so made. |
