Section 288
Depositions to be received in evidence when witness cannot be produced.
The Merchant Shipping Act, 2025
About this Act
An Act to consolidate and amend the law relating to merchant shipping to ensure compliance with India's obligation under the maritime treaties and international instruments to which India is a party and also to ensure the development of Indian shipping and efficient maintenance of Indian mercantile marine in a manner best suited to serve the national interest and for matters connected therewith or incidental thereto.
(1) Where, the testimony of any witness is required in relation to any legal proceeding before any court or officer or authority under this Act, and the defendant or the person accused does not produce the witness, then any deposition previously made by the witness in relation to the same subject-matter before any court in India or, if elsewhere, before any Indian ambassador, shall be admissible in evidence—
(a) if the deposition is authenticated by the signature of the presiding officer of such court or ambassador, 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.
(2) It shall not be necessary in any case to prove the signature or official character of the person appearing to have signed such deposition, and a certificate by such person that the defendant or person accused had an opportunity of cross-examining the witness, and that the deposition, if made in a criminal proceeding, was made in the presence of the person accused, shall, unless the contrary is proved, be sufficient evidence that he had that opportunity and that it was so made.
(a) if the deposition is authenticated by the signature of the presiding officer of such court or ambassador, 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.
(2) It shall not be necessary in any case to prove the signature or official character of the person appearing to have signed such deposition, and a certificate by such person that the defendant or person accused had an opportunity of cross-examining the witness, and that the deposition, if made in a criminal proceeding, was made in the presence of the person accused, shall, unless the contrary is proved, be sufficient evidence that he had that opportunity and that it was so made.