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The Bangladesh Merchant Shipping Ordinance, 1983

( Ordinance NO. XXVI Of 1983 )

Chapter 43

PROCEDURE

Depositions to be received in evidence when witness cannot be produced
486. (1) Whenever, in the course of any legal proceeding under this Ordinance instituted at any place in Bangladesh before any Court of Magistrate or before any person authorised by law or by consent of parties to receive evidence, the testimony of any witness is required in relation to the subject matter, and the defendant or the person accused, as the case may be, 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, Judge or Magistrate in Bangladesh, or, if elsewhere, before a Marine Board or before any Bangladesh Consular Officer, shall be admissible in evidence-
 
 
 
 
(a) if the deposition is authenticated by the signature of the Presiding Officer of the Court or the Judge or Magistrate or of the Presiding Officer of the Marine Board or of the Consular Officer, before whom it is made;
 
 
(b) if the defendant or the person accused had an opportunity by himself or his agent of cross examination of the witness; and
 
 
 
 
(c) where the proceeding is criminal, if it is proved 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 the 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 proved, be sufficient evidence that he had that opportunity and that it was so made

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