Section 231
Manner of recording evidence
In inquiries and trials under this Code by or before a Magistrate, the evidence of the witnesses shall be recorded in the manner provided by this Chapter.
Record of trial a 232.
(1)
In summons cases tried before a Magistrate, the Magistrate shall, as the examination of each witness proceeds, make a note of the substance of what such witness deposes, and such note shall be written in
English or in romanised Malay by the Magistrate with his own hand in legible handwriting and shall form part of the record.
(2)
In all other trials before a Magistrate and in all inquiries under Chapters XI, XVII and XXX, the evidence of each witness shall be a taken down in legible handwriting in English or in romanised Malay by the
Magistrate and shall form part of the record.
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Criminal Procedure Code
Mode of recording evidence 233.
(1)
Evidence shall not ordinarily be taken down in the form of question and answer, but in the form of a narrative.
(2)
The Magistrate may, in his discretion, take down any particular question and answer.
Reading over evidence and correction 234.
(1)
The evidence of each witness taken in inquiries under
Chapters XI and XVII shall be read over to him in the presence and hearing of the accused and shall, if necessary, be corrected.
(2)
If the witness denies the correctness of any part of the evidence when the evidence is read over to him, the Magistrate may, instead of correcting the evidence, make a memorandum thereon of the objection made to it by the witness, and shall add such remarks as he thinks necessary.
(3)
The evidence so taken down shall be interpreted to the witness, if necessary, in the language in which it was given or in a language which he understands.
(4)
When a deposition has been read over to a witness and acknowledged to be correct, the Magistrate shall append to the evidence of the witness the letters "RAW and his initials which is deemed to be a certificate that the evidence has been read over and, if necessary, interpreted to the witness in the presence and hearing of the accused, and has been admitted by the witness to be correct.
(5)
The absence of such a certificate in a deposition shall not be a bar to the deposition being received as evidence in any case in which it is desired to tender the deposition in evidence if it is proved by other evidence that the other requirements of this section were in fact complied with.
Interpretation of evidence to accused 235.
(1)
Whenever any evidence is given in a language not understood by the accused, it shall be interpreted to him in open Court in a language which he understands.
(2)
When documents are put in for the purpose of formal proof, it shall be in the discretion of the Court to interpret as much thereof as appears necessary.
Criminal Procedure Code
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