Non-compliance with provisions of Code
435. If any court before which a deposition of a witness or a statement of an accused recorded under the provisions of this Code is tendered in evidence finds that the provisions of this Code have not been fully complied with by the Magistrate recording the evidence or statement, it may take evidence that such witness or accused duly gave the evidence or made the statement recorded; and notwithstanding section 91 of the Evidence Ordinance such evidence or statement shall be admitted if the error has not injured the accused as to his defence on the merits. |