Section 61, The Criminal Procedure Act, 2024

(1) A statement taken in writing under section 58 mayafterwards be used in evidence on the trial of a person accused of an offence to which the statement relates, if the person who made the statement is dead, or the Court is satisfied that - (a) for sufficient cause his attendance cannot be procured; and (b) reasonable notice of the intention to take such statement was served upon the person against whom it is to be read in evidence; (c) he had or might have had, if he had chosen to be present, full opportunity of crossexamining the person making the statement. (2) The signature and attestation of the Judge or Magistrate by whom a statement was taken shall be sufficient prima facie proof of the statement, and that the statement was taken in all respects according to law, and such attestation and signature shall be admitted without proof unless the Court sees reason to doubt the genuineness of the attestation and signature. 30 31 Power to take depositions of persons dangerously ill. Notices to be given in certain cases. Transmission of statement. Statement may be used in evidence. Form 11 Form 12 WRITTEN STATEMENTS AND DEPOSITIONS