177. Evidence of persons who are seriously ill

(3) The statement taken under this section may be read in evidence for or against an accused upon proof of death or infirmity, as the case may be, of the person who made such statement:

Provided that—

(c) the party against whom the statement is proposed to be read in evidence had an opportunity, if he were to be present, himself or by his legal practitioner, to cross-examine the person who made such statement.

203. Power to take evidence in abscence of accused

(1) If it is proved that an accused has absconded, and that there is no immediate prospect of arresting him, the court competent to try him or commit him for trial for the offence complained of may, in his absence, examine the witnesses produced on behalf of the prosecution, and record their depositions.


206. Parties to examine witness

(1) The parties to any proceeding under this Code in which a commission under section 204 is issued may respectively forward any interrogatories in writing which the court directing the commission may think relevant to the issue, and the magistrate to whom the commission is directed shall examine the witness upon such interrogatories.

(2) Any party mentioned in subsection (1) may appear before the magistrate by his legal practitioner, or if not in custody, in person, and may examine, cross-examine and re-examine, as the case may be, the said witness.

208. Examination of witnesses outside Malawi

(1) Whenever in the course of any proceedings under this Code the High Court is satisfied that the examination of a witness outside Malawi is necessary in the interests of justice, the High Court may issue an order for the examination of such witness to a court of competent jurisdiction outside Malawi under, and in accordance with, the Evidence by Commissions Act [Cap. 4:03], or any other time being in force relating to the taking of evidence in criminal proceedings outside Malawi.

311. The prosecution to open its case and examine witnesses

(1) When the jury has been sworn the prosecution may open his case by stating briefly the nature of the offence charged and the evidence by which he proposes to prove the guilt of the accused.

(2) The prosecution shall then examine their witnesses.

(3) A person who has not given evidence at a preliminary inquiry or whose statement of evidence has not been furnished under section 293 or section 175 shall not be called as a witness by the prosecution at any trial unless the accused or his legal practitioner and the Registrar, have been previously served with reasonable notice in writing of the intention to call such person, stating the person’s name and address and the substance of the evidence intended to be given:

Provided that—

(a) no notice need be given under this subsection if the accused waives his right thereto;
(b) nothing in this subsection shall apply to any person summoned as a witness under section 180.