(1)Whenever, in the course of any legal proceeding under this Act instituted at any place in India before any [Court or Judicial Magistrate of the first class or Metropolitan 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 or Judicial Magistrate of the first class or Metropolitan Magistrate] [ Substituted by Act 12 of 1983, Section 17, for " Court, Magistrate" (w.e.f. 18.5.1983).] or person so authorised, any deposition previously made by the witness in relation to the same subject-matter before any Court [or justice or Judicial Magistrate of the first class or Metropolitan Magistrate] [ Substituted by Act 12 of 1983, Section 17, for " justice or Magistrate" (w.e.f. 18.5.1983).] in any other place in India or, if elsewhere before a Marine Board or before any Indian consular officer, shall be admissible in evidence-(a)if the deposition is authenticated by the signature of the presiding officer of the Court or of the [justice or Judicial Magistrate of the first class or Metropolitan Magistrate] [ Substituted by Act 12 of 1983, Section 17, for " justice, Magistrate" (w.e.f. 18.5.1983).] or Marine Board or 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-examining the witness;(c)if the proceeding is criminal, on proof that the deposition was made in the presence of the person accused.
