BSA Section 168: Judge\u2019s power to put questions or order production
Bharatiya Sakshya Adhiniyam, 2023 · Chapter 10: Of Examination of Witnesses
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168. The Judge may, in order to discover or obtain proof of relevant facts, ask any question he considers necessary, in any form, at any time, of any witness, or of the parties about any fact; and may order the production of any document or thing; and neither the parties nor their representatives shall be entitled to make any objection to any such question or order, nor, without the leave of the Court, to cross-examine any witness upon any answer given in reply to any such question:
Provided that the judgment must be based upon facts declared by this Adhiniyam to be relevant, and duly proved:
Provided further that this section shall not authorise any Judge to compel any witness to answer any question, or to produce any document which such witness would be entitled to refuse to answer or produce under sections 127 to 136, both inclusive, if the question were asked or the document were called for by the adverse party; nor shall the Judge ask any question which it would be improper for any other person to ask under section 151 or 152; nor shall he dispense with primary evidence of any document, except in the cases herein before excepted.
Bare act text for reference, current to 1 July 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 140. Order of production and examination of witnesses
- 141. Judge to decide as to admissibility of evidence
- 142. Examination of witnesses
- 143. Order of examinations
- 144. Cross-examination of person called to produce a document
- 145. Witnesses to character
- 146. Leading questions
- 147. Evidence as to matters in writing
- 148. Cross-examination as to previous statements in writing
- 149. Questions lawful in cross-examination
- 150. When witness to be compelled to answer
- 151. Court to decide when question shall be asked and when witness compelled to answer
- 152. Question not to be asked without reasonable grounds
- 153. Procedure of Court in case of question being asked without reasonable grounds
- 154. Indecent and scandalous questions
- 155. Questions intended to insult or annoy
- 156. Exclusion of evidence to contradict answers to questions testing veracity
- 157. Question by party to his own witness
- 158. Impeaching credit of witness
- 159. Questions tending to corroborate evidence of relevant fact, admissible
- 160. Former statements of witness may be proved to corroborate later testimony as to same fact
- 161. What matters may be proved in connection with proved statement relevant under section 26 or 27
- 162. Refreshing memory
- 163. Testimony to facts stated in document mentioned in section 162
- 164. Right of adverse party as to writing used to refresh memory
- 165. Production of documents
- 166. Giving, as evidence, of document called for and produced on notice
- 167. Using, as evidence, of document production of which was refused on notice