PART IV – PROVISIONS RELATING TO ALL CRIMINAL INVESTIGATIONS

EXAMINATION OF WITNESSES

150. Power to summon witnesses, or examine person present

A court may, at any stage of a trial or other proceeding under this Code, summon or call any person as a witness, or examine any person in attendance though not summoned as a witness, or recall and re-examine a person already examined, and the court shall summon and examine or recall and re-examine any such person if his evidence appears to it essential to the just decision of the case :

Provided that the prosecutor or the advocate for the prosecution or the defendant or his advocate shall have the right to cross-examine any such person, and the court shall adjourn the case for such time (if any) as it thinks necessary to enable the cross-examination to be adequately prepared if, in its opinion, either party may be prejudiced by the calling of that person as a witness.

PART IV – PROVISIONS RELATING TO ALL CRIMINAL INVESTIGATIONS

COMMISSIONS FOR THE EXAMINATION OF WITNESSES

155. Parties may examine witnesses

The parties to a proceeding under this Code in which a commission is issued may respectively forward any interrogatories in writing which the court or magistrate directing the commission may think relevant to the issue, and the magistrate to whom the commission is directed shall examine the witness upon those interrogatories.

Any such party may appear before the magistrate by advocate, or, if not in custody, in person, and may examine, cross-examine and re-examine (as the case may be) the witness.

PART VI – PROCEDURE IN TRIALS BEFORE SUBORDINATE COURTS

PROVISIONS RELATING TO THE HEARING AND DETERMINATION OF CASES

208. Procedure on plea of not guilty

(2) The accused person or his advocate may put questions to each witness produced against him.

PART IX – PROCEDURE IN TRIALS BEFORE THE HIGH COURT

CASE FOR THE PROSECUTION

302. Cross-examination of witnesses for prosecution

The witnesses called for the prosecution shall be subject to cross-examination by the accused person or his advocate, and to re-examination by the advocate for the prosecution.

PART IX – PROCEDURE IN TRIALS BEFORE THE HIGH COURT

CASE FOR THE PROSECUTION

306. Close of case for prosecution

(2) When the evidence of the witnesses for the prosecution has been concluded, the court, if it considers that there is evidence that the accused person or any one or more of several accused persons committed the offence, shall inform each such accused person of his right to address the court, either personally or by his advocate (if any), to give evidence on his own behalf, or to make an unsworn statement, and to call witnesses in his defence, and in all cases shall require him or his advocate (if any) to state whether it is intended to call any witnesses as to fact other than the accused person himself ; and upon being informed thereof, the judge shall record the fact.

PART IX – PROCEDURE IN TRIALS BEFORE THE HIGH COURT

CASE FOR THE DEFENCE

307. Defence

The accused person or his advocate may then open his case, stating the facts or law on which he intends to rely, and making such comments as he thinks necessary on the evidence for the prosecution ; the accused person may then give evidence on his own behalf and he or his advocate may examine his witnesses (if any), and after their cross- examination and re-examination (if any) may sum up his case.

PART IX – PROCEDURE IN TRIALS BEFORE THE HIGH COURT

CASE FOR THE DEFENCE

308. Additional witnesses for the defence

The accused person shall be allowed to examine any witness not previously summoned to give evidence at the trial, if that witness is in attendance.

Article 67
Rights of the accused
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute