Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein
stated.—Evidence given by a witness in a judicial proceeding, or before any person authorised by law to
take it, is relevant for the purpose of proving, in a subsequent judicial proceeding, or in a later stage of the
same judicial proceeding, the truth of the facts which it states, when the witness is dead or cannot be
found, or is incapable of giving evidence, or is kept out of the way by the adverse party, or if his presence
cannot be obtained without an amount of delay or expense which, under the circumstances of the case,
the Court considers unreasonable:
Provided that the proceeding was between the same parties or their representatives in interest; that the
adverse party in the first proceeding had the right and opportunity to cross -examine and the questions in
issue were substantially the same in the first as in the second proceeding.
Explanation.—A criminal trial or inquiry shall be deemed to be a proceeding between the prosecutor
and the accused within the meaning of this section.