CHAPTER XLI
SPECIAL RULES OF EVIDENCE
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) Power to summon medical witness. The Court may, if it thinks fit, summon and examine such
deponent as to the subject matter of his deposition.
[510. Report of Chemical Examiner, Serologist etc. Any document purporting to be a report, under
the hand of any Chemical Examiner or Assistant Chemical Examiner to Government or any Serologist,
fingerprint expert or firearm expert appointed by Government, 2[or of the Chief Chemist of the Pakistan
Security Printing Corporation, Limited.] 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, without calling him as a witness,
be used as evidence in any inquiry, trial or other proceeding under this Code :
1
Provided that the Court may, 3[if it considers necessary in the interest of justice], summon and examine
the person by whom such report has been made.].
511. Previous conviction or acquittal how proved. In any inquiry, trial or other proceeding under this
Code, a previous conviction or acquittal may be proved, in addition to any other mode provided by any law
for the time being in force
(a) by an extract certified under the hand of the officer having the custody of the records of the Court
in which such conviction or acquittal was had to be a copy of the sentence or the order ; or
(b) in case of a conviction, either by a certificate signed by the officer incharge of the jail in which the
punishment or any part thereof was inflicted, or by production of the warrant of commitment under
which the punishment was suffered ;
together with, in each of such cases, evidence as to the identity of the accused person with the person so
convicted or acquitted.
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 4[send for
trial to the Court of Session or High Court] such person for the offence complained of may, in his absence,
examine the witnesses (if any) produced on behalf of the prosecution, and record their depositions. 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, expanse or inconvenience which, under the
circumstances of the case, would be unreasonable.
1 Subs. by Ordinance 12 of 1972, s.2 and Sch., for “section 510”.
2 Ins. by the Code of Criminal Procedure (Amdt.) Ordinance, 1983 (5 of 1983), s.2.
3 Subs by the Law Reforms (Amdt.) Act, 1976 (21 of 1976), s.2 and Sch, for “and shall, if so. requested by any party to such inquiry, trial or “proceeding,”, (w.e.f. 18476).
4 Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch., for “commit for trail”.
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