53ARelevancy of statements under certain circumstances
1[53A. Relevancy of statements under certain circumstances.-- (1) A statement made and signed by a person before any officer empowered under section 53 for the investigation of offences, during the course of any inquiry or proceedings by such officer, shall be relevant for the purpose of proving, in any prosecution for an offence under this Act, the truth of the facts which it contains,
(a) when the person who made the statement is dead or connot be found, or is incapable of giving evidence, or is kept out of the way by the adverse party, or whose presence cannot be obtained without an amount of delay or expense which, under the circumstances of the case, the court considers unreasonable; or
(b) when the person who made the statement is examined as a witness in the case before the court and the court is of the opinion that, having regard to the circumstances of the case, the statement should be admitted in evidence in the interest of justice.
(2) The provisions of sub-section (1) shall, so far as may be, apply in relation to any proceedings under this Act or the rules or orders made thereunder, other than a proceeding before a court, as they apply in relation to a proceeding before a court.]
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1. Ins. by Act 2 of 1989, s. 15 (w.e.f. 29-5-1989).
- 41 Power to issue warrant and authorisation
- 42 Power of entry, search, seizure and arrest without warrant or authorisation
- 43 Power of seizure and arrest in public place
- 44 Power of entry, search, seizure and arrest in offences relating to coca plant, opium poppy and cannabis plant
- 45 Procedure where seizure of goods liable to confiscation not practicable
- 46 Duty of land holder to give information of illegal cultivation
- 47 Duty of certain officers to give information of illegal cultivation
- 48 Power of attachment of crop illegally cultivated
- 49 Power to stop and search conveyance
- 50 Conditions under which search of persons shall be conducted
- 50A Power to undertake controlled delivery
- 51 Provisions of the code of Criminal Procedure, 1973 to apply to warrants, arrests, searches and seizures
- 52 Disposal of persons arrested and articles seized
- 52A Disposal of seized narcotic drugs and psychotropic substances
- 53 Power to invest officers of certain departments with powers of an officer-in-charge of a police station
- 53A Relevancy of statements under certain circumstances
- 54 Presumption from possession of illicit articles
- 55 Police to take charge of articles seized and delivered
- 56 Obligation of officers to assist each other
- 57 Report of arrest and seizure
- 57A Report of seizure of property of the person arrested by the notified officer
- 58 Punishment for vexatious entry, search, seizure or arrest
- 59 Failure of officer in duty or his connivance at the contravention of the provisions of this Act
- 60 Liability of illicit drugs, substances, plants, articles and conveyances to confiscation
- 61 Confiscation of goods used for concealing illicit drugs or substances
- 62 Confiscation of sale proceeds of illicit drugs or substances
- 63 Procedure in making confiscations
- 64 Power to tender immunity from prosecution
- 64A Immunity from prosecution to addicts volunteering for treatment
- 65 [Omitted]
- 66 Presumption as to documents in certain cases
- 67 Power to call for information, etc
- 68 Information as to commission of offences