Section 16: Deposition and interrogation

1) The investigating authority may take a deposition from the accused in relation to any offence under Schedule-1 or Schedule-2 in the presence of the government attorney.

2) In taking deposition pursuant to sub-section (1), the government attorney shall have the right to ask necessary matter as required to be set out in relation to the offence.

3) The investigating authority shall interrogate, as necessary, any person who is believed, based on reasonable grounds, to have knowledge of any important matter in connection with any offence under Schedule-1 or Schedule-2.

Provided that if it is required to interrogate any child or any person who is physically incompetent, such child or person may be interrogated at his or her abode.

Explanation: For the purposes of this Section, the term “physically incompetent” means a physically incompetent person such as one who cannot make movement, who is with visual impairment or who is of elderly age.

4) The investigating authority shall, if interrogation is made pursuant to sub-section (3), record the matters interrogated in the form referred to in Schedule-11 and attach the same with the concerned casefile.

5) If it is necessary to have a document executed by a child or physically incompetent person pursuant to this Section, it shall be executed in presence of his or her guardian or other person available.

6) If any person who is to make deposition or be interrogated pursuant to this Section is not able to present before the investigating authority for the reason of physical illness or it is not appropriate to cause his or her presence before such authority for the reason of his or her security, the investigating authority may take statement of or interrogate such person through video conference.

7) The investigating authority shall, if statement is taken or interrogation made pursuant to sub-section (6), arrange for maintaining the records thereof.