146.
| (1) Whenever it appears to a court that the examination of a witness is necessary but that his attendance cannot be procured without an amount of delay, expense, or inconvenience which under the circumstances of the case would be unreasonable, it may after notice to the parties issue a commission to any court within whose jurisdiction such witness resides to take his evidence. |
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| (2) The parties to the proceeding may forward any interrogatories in writing to the court of trial, and that court may, if it considers such interrogatories relevant to the issue, require the witness to be thereon. |
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| (3) The court to which the commission is issued shall summon the witness but if from ill health or other cause his attendance cannot reasonably be procured the Judge shall proceed to the place where the witness is and there record his evidence. |
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| (4) The accused may appear before such Judge and may examine, cross-examine and re-examine, as the case may be, the said witness. |
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| (5) After any commission has been duly executed it shall be returned together with the deposition of the witness examined thereunder to the court out of which it issued and the commission, the return thereto, and the deposition shall be open at all reasonable times to inspection by the parties and may be read in evidence in the case by either party and shall form part of the record. |
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| (6) In every case in which a commission is issued under this section the trial, or other proceeding may be adjourned for a specified time reasonably sufficient for the execution and return of the commission. |
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Sri Lanka Consolidated Acts