(1) The investigating authority may
take 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 a reasonable
ground, 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 case-file.
(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.
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(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.