This section lets certain affidavits or certificates be used as evidence in criminal proceedings, allows a court to require the maker to give oral evidence or answer written questions, and makes false statements in such documents an offence.
192. (1) Where a fact is ascertained by an examination or process and may become relevant to an issue in criminal proceedings, an affidavit or certificate shall, if purporting to have been made by a person qualified to carry out an examination or process, be admissible as evidence to prove a fact, where a skill is required in— (a) biology, chemistry, physics, astronomy, geography or geology; Repeal and replacement of section 192 Proof of certain facts by affidavit or certificate (b) mathematics, applied mathematics or mathematical statistics or in the analysis of statistics; (c) computer science or in any discipline of engineering; (d) anatomy or human behavioural sciences; (e) biochemistry, metallurgy, microscopy, toxicology or in any branch of pathology; or (f) ballistics, identification of fingerprints, body prints or in any examination of disputed documents. (2) Despite subsection (1), a court may, in which an affidavit or certificate is adduced in evidence by a person qualified to carry out an examination or process, in its discretion— (a) cause that person to be summoned to give oral evidence in criminal proceedings or may cause written interrogatories to be submitted to that 104 No. 4 of 2026] Criminal Procedure Code (Amendment) person for reply, and any written interrogatories and reply purporting to be a reply from that person shall be admissible as evidence in criminal proceedings; or (b) cause that person to be summoned to give oral evidence, at the request of the accused, and that request shall be made not less than seven days before a trial. (3) Where a finding or action taken is in connection with a fingerprint, body-print, bodily sample or crime scene sample which is relevant to the issue in a criminal proceeding, an affidavit shall, if purporting to have been made by a person who is a public officer in the performance of official duties, on the production of the affidavit in criminal proceeding, be prima facie proof that the fingerprint, body-print, bodily sample or crime scene sample, was found or dealt with — (a) at the crime scene, in the place, in the article or in the position of circumstances stated in the affidavit; or (b) in the manner stated in the affidavit. (4) Where the physical condition or the identity of a deceased person at a hospital, nursing home or mortuary is relevant to the issue in a criminal proceeding, an affidavit shall, if purporting to be made by a person who alleges to be employed at the hospital, nursing home, mortuary, as a driver of an ambulance and in the performance of official duties observed the physical characteristics of the deceased person, on the production of the affidavit at the proceeding, be prima facie proof that — (a) while a deceased person was under that person’s care, the deceased person had or sustained the injuries or wounds or sustained no injuries or wounds, as described in the affidavit; (b) the deceased person in question was handed over to a specified person; (c) the deceased person in question was in the care of a specified person; or (d) the deceased person was pointed out or handed over to a specified person or left in the person’s care by a specified person. Criminal Procedure Code (Amendment) [No. 4 of 2026 105 (5) Where the collection, receipt, custody, packing, marking, delivery or dispatch of any fingerprint or body-print, article of clothing, specimen, bodily sample, crime scene sample, tissue or an object of any nature is done in accordance with the National Forensic Act, 2020, and is relevant to the issue in a criminal proceeding, an affidavit shall, if purporting to have been made by a person who is, a public officer, in provincial administration, at a university in the Republic or designated by the Minister and is in performance of official duties, on the production of the affidavit at that criminal proceeding, be prima facie proof that the fingerprint or body-print, article of clothing, specimen, bodily sample, crime scene sample, tissue or object of any nature was — (a) received from a person specified in the affidavit and was packed or marked in the manner described in the affidavit; (b) delivered or dispatched to any person, institute, State institution or body specified in the affidavit and was packed or marked in the manner described in the affidavit; or (c) during a period specified in the affidavit in that person’s custody and was packed or marked in the manner described in the affidavit. (6) A person referred to under subsection (5), may issue a certificate in place of an affidavit referred to under that subsection, in which event the provisions of this section shall, with necessary modifications apply with reference to that certificate. (7) A person who wilfully and knowingly issues a false statement in an affidavit or certificate under this section, commits an offence and is liable, on conviction, to a fine not exceeding five hundred thousand penalty units or to imprisonment for a term not exceeding five years, or to both.