CHAPTER 91

PART IV
GENERAL PROVISIONS RELATING TO CRIMINAL INVESTIGATIONS AND PROCEEDINGS

82. If it is made to appear on the statement of the complainant or of the defendant or otherwise, that material evidence can be given by or is in the possession of any person, a court having cognisance of any criminal cause or matter concerned may issue a summons to such person requiring his attendance before such court or requiring him to bring and produce to such court for the purpose of evidence all documents and writings in his possession or power which may be specified or otherwise sufficiently described in the summons.

83. If, without sufficient excuse, a witness does not appear in obedience to a summons issued under the provisions of section 82 of this Code, the court, on proof of the proper service of the summons within a reasonable time beforehand, may issue a warrant to being him before the court at such time and place as shall be therein specified.

84. If the court is satisfied by evidence on oath that a person summoned as a witness will not attend unless compelled to do so, such court may at once issue a warrant for the arrest and production of the witness before the court at a time and place to be therein specified.

85. When any witness is arrested under a warrant, the court may, on his furnishing security, by recognisance or deposit of cash to the satisfaction of the court, for his appearance at the hearing of the case, order him to be released from custody, or shall, on his failing to furnish such security, order him to be detained in custody for production at such hearing.

86. In any case in which a court requires to examine as a witness in any proceedings before such court, a person confined in any prison the procedure provided by section 69 of this Act shall be followed.

87. (1) Any person summoned to attend as a witness who, without lawful excuse, fails to attend as required by summons, or who, having attended, departs without having obtained the permission of the court, or fails to attend after adjournment of the court after being ordered to attend, shall be liable by order of the court to a fine not exceeding one hundred and fifty dollars.

(2) Such fine, if not previously paid, may be levied by attachment and sale of any movable property belonging to such witness within the local limits of the jurisdiction of such court.

(3) In default of recovery of any such unpaid fine by attachment and sale of goods, the witness may, by order of the court, be imprisoned as a civil prisoner for a term of fifteen days unless such fine is paid before the end of the said term.

(4) For good cause shown, the Supreme Court may remit or reduce any fine imposed under this section by a magistrate's court.

88. Any court may, at any stage of any inquiry, trial or other proceedings under this Code, summon or call any person as a witness, or recall and re-examine any 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 counsel for the prosecution and the defendant or his counsel 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 such cross-examination to be adequately prepared, if, in its opinion, either party may be prejudiced by the calling of any such person as a witness.

89. Every witness in any criminal cause or matter shall be examined upon oath or affirmation and the court before which any witness shall appear shall have full power and authority to administer the appropriate oath or affirmation in accordance with the provisions of the Evidence Act:
Provided that the court may at any time, if it thinks it just and expedient (for reasons to be recorded in the proceedings), take without oath the evidence of any person declaring that the taking of any oath whatever is according to his religious belief unlawful, or who by reason of immature age or want of religious belief ought not, in the opinion of the court, to be admitted to give evidence on oath; the fact of the evidence having been so taken shall be recorded in the proceedings.

90. (1) Whenever any person, appearing either in obedience to a summons or by virtue of a warrant, or being present in court and being orally required by the court to give evidence-
(a) refuses to be sworn; or
(b) having been sworn, refuses to answer any questions put to him; or
(c) refuses or neglects to produce any document or thing which he is required to produce and which is in his possession or under his control; or
(d) refuses to sign his deposition,
without in any such case offering any sufficient excuse for such refusal or neglect, the court may adjourn the case for any period not exceeding ten days, and may in the meantime commit such person to prison, unless he sooner consents to do what is required of him.

(2) If such person, upon being brought before the court at or before such adjourned hearing, again refuses to do what is required of him, the court may, if it sees fit, again adjourn the case and commit him for the like period, and so again from time to time until such person consents to do what is so required of him.

(3) Nothing herein contained shall affect the liability of any such person to any other punishment or proceeding for refusing or neglecting to do what is so required of him, or shall prevent the court from disposing of the case in the meantime according to any other sufficient evidence taken before it.

91. In any proceedings the wife or husband of the accused person shall not be called as a witness without the consent of the accused person except in the cases provided in section 175 of the Evidence Act.

92. (1) Whenever in the course of any proceedings under this Code, a court is satisfied that the examination of a witness is necessary for the ends of justice, and that the attendance of such witness cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable, the court may with the consent of the parties issue a commission to any magistrate's court within the local limits of whose jurisdiction such witness resides, to take the evidence of such witness.

(2) The magistrate presiding over the court to which the commission is issued shall proceed to the place where the witness is or shall summon the witness before him, and shall take down his evidence in the same manner, and may for this purpose exercise the same powers, as in the case of a trial or preliminary inquiry.

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

(2) Any such party may appear before such magistrate by counsel or in person, and may examine, cross-examine, and re-examine (as the case may be) the said witness. If any such party is in custody the magistrate shall give directions for such party to be present at the examination of the witness and the provisions of section 69 of this Code shall apply as if such party were required to be brought before the court.

94. (1) After any commission issued under section 92 of this Code has been duly executed it shall be returned, together with the deposition of the witness examined thereunder, to the Supreme Court or to the magistrate's court (as the case may be), and the commission, the return thereto, and the deposition shall be open at all reasonable times to inspection by the parties, and may, subject to all just exceptions, be read in evidence in the case by either party, and shall form part of the record.

(2) Any deposition so taken may also be received in evidence at any subsequent stage of the case before another court.

95. In every case in which a commission is issued under section 90 of this Code the proceedings may be adjourned for a specified time reasonably sufficient for the execution and return of the commission.

96. Subject to the provisions of section 171 of the Evidence Act and section 91 of this Code, in any criminal proceedings, every person charged with an offence and the husband or wife of the person charged, as the case may be, shall be a competent witness for the defence at any stage of the proceedings.

97. Where the only witness of the facts of the case called by the defence is the person charged, he shall be called as a witness immediately after the close of the evidence for the prosecution.