Section 173: Statements of witnesses

173. Statements of witnesses (1) (a) Any witness may be cross-examined at any trial as to previous statements made by him in writing or reduced into writing relative to the subject matter of the trial, without the writing being shown to him, or read, but if it is intended to contradict the witness by the writing, his attention must, before such contradictory proof can be given, be called to those parts of the writing which are to be used for the purpose of so contradicting him. [Issue 1] C54 – 40 Revised Laws of Mauritius (b) The Court may at any time during the trial require the production of the writing to be used for the purposes of the trial in any way that to the Court seems proper. (2) (a) It shall be competent to examine any witness who may be called in any judicial proceeding as to whether he has on any specified occasion made a statement on any matter pertaining to the issue which is different from the evidence given by him in that proceeding, and it shall be competent in the course of such proceeding to adduce evidence to prove that the witness, whether he has shown himself hostile or not, has made a different statement on the occasion specified. (b) Nothing in paragraph (a) shall make any such statement of itself evidence of the proof of any fact or facts embodied in it.