Section 108: Deposition to be taken before bench

1) The deposition of a witness to be taken pursuant to this Act shall be taken before the bench of the judge.

Provided that while taking the deposition of a witness who is unable to appear before the court due to physical infirmity, the judge himself or herself may proceed to or send an officer employee subordinate to him or her to the place where such witness is residing or staying, and the evidence of such witness shall be taken by the judge or by such employee in the form of deposition.

2) While so taking the deposition of a witness pursuant to sub-section (1), the concerned parties to the case shall be given information thereof and also provided with an opportunity to make examination pursuant to sub-section (5) of Section 107.