PART V - MODE OF TAKING AND RECORDING EVIDENCE IN INQUIRIES AND TRIALS


179 Evidence to be taken in presence of accused

Except as otherwise expressly provided, all evidence taken in any inquiry or trial under this Code shall be taken in the presence of the accused, or, when his personal attendance has been dispensed with, in the presence of his advocate (if any).


180 Manner of recording evidence before magistrate

(1) In inquiries and trials by or before a magistrate, the evidence of the witnesses shall be recorded in the following manner —
(a) the evidence of each witness or so much thereof as the magistrate deems material shall be taken down in writing in English by the magistrate, or in his presence and hearing and under his personal direction and superintendence, and shall be signed by the magistrate, and shall form part of the record;
(b) such evidence shall not ordinarily be taken down in the form of question and answer, but in the form of a narrative:
Provided that the magistrate may, in his discretion, take down or cause to be taken down any particular question and answer.

(2) If a witness asks that his evidence be read over to him the magistrate shall cause such evidence to be read over to him in a language which he understands.