Medical Jurisprudence And Toxicology

APPENDIX III 769

(c) in the case of a person detained under section 466, be produced when required
before such Magistrate or Court,

order such person to be delivered to such relative or friend.

(2) If the person so delivered is accused of any offence the trial of which has been
postponed by reason of his being of unsound mind and incapable of making his defence,
and the inspecting officer referred to in sub-section (1), clause (b) certifies at any
time to the Magistrate or Court that such person is capable of making his defence, such
Magistrate or Court shall call upon the relative or friend to whom such accused was
delivered to produce him before the Magistrate or Court; and, upon such production,
the Magistrate or Court shall proceed in accordance with the provisions of section 468,
and the certificate of the inspecting officer shall be receivable as evidence.

SPECIAL RULES OF EVIDENCE

Sec. 509. Deposition of medical witness*—(1) The deposition of a Civil Surgeon or
other medical witness, taken and attested by a Magistrate in the presence of the accused,
or taken on Commission under Chapter XL, may be given in evidence in any inquiry,
trial or other proceeding under this Code, although the deponent is not called as a
witness,

(2) The Court may, if it thinks fit, summon and examine such deponent as to the
subject-matter of this deposition.

Note.—In order to ensure that the medical officer's deposition may, in all cases, be
admissible under this section, the Magistrate must sign at the foot of it a certificate in
the following form: —" The foregoing deposition was taken in the presence of the accused
(name), who had an opportunity of cross-examining the witness. The deposition was
explained to the accused, and was attested by me in his presence." This is, of course,
necessary when the deposition is taken in an inquiry preparatory to the commitment to
the Sessions. Where the attestation is wanting, the Session Judge should summon such
witness to give his evidence.

Sec. 510. Report of Chemical Examiner.—Any document purporting to be a report
under the hand of any Chemical Examiner or Assistant Chemical Examiner to Govern-
ment, upon any matter or thing duly submitted to him for examination or analysis and
report in the course of any proceeding under this Code, may be used as evidence in any
inquiry, trial or other proceeding under this Code.

Sec. 512. Record of evidence in absence of accused.—(1) If it is proved that an
accused person has absconded, and that there is no immediate prospect of arresting him,
the Court, competent to try or commit for trial such person for the offence complained
of may, in his absence, examine the witnesses (if any) produced on behalf of the prose-
cution, and record their deposition. Any such deposition may, on the arrest of such
person, be given in evidence against him on the inquiry into, or trial for, the offence
with which he is charged, if the deponent is dead or incapable of giving evidence or his
attendance cannot be procured without an amount of delay, expense or inconvenience
which/ under the circumstances of the case, would be unreasonable.

(2) If it appears that an offence punishable with death or transportation has been
committed by some person or persons unknown, the High Court may direct that any
Magistrate of the first class shall hold an inquiry and examine any witnesses who can
give evidence concerning the offence. Any depositions so taken may be given in evi-
dence against any person who is subsequently accused of the offence, if the deponent is
dead or incapable of giving evidence or beyond the limits of India.

Sec. 540. Power to summon material witness, or. examine person present.—Any
Court may, at any stage of any inquiry, trial, or other proceeding under this Code,
summon any person as a witness, or examine any person in attendance, though not
summoned" 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.

Sec. 544. Expenses of complainants and witnesses.—Subject to any rules made by
the State Government any Criminal Court may, if it thinks fit, order payment, on the
part of Government of the reasonable expenses of any complainant or witness attending
for the purpose of any inquiry, trial or proceeding before such Court under this Code,