IEA Section 165: Judge's power to put questions or order production
Indian Evidence Act, 1872 · Chapter 10: The Examination Of Witnesses
Repealed on 1 July 2024 and replaced by the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
¶The Judge may, in order to discover or to obtain proper proof of relevant facts, ask any question he pleases, in any form, at any time, of any witness, or of the parties about any fact relevant or irrelevant; and may order the production of any document or thing; and neither the parties nor their agents 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 Act to be relevant, and duly proved:
¶Provided also that this section shall not authorize 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 121 to 131, both inclusive, if the questions were asked or the documents 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 148 or 149; nor shall he dispense with primary evidence of any document, except in the cases hereinbefore excepted.
Study: explanations and related material
Now BSA 168 (corresponding section). IEA → BSA converterSource: BPR&D BSA–IEA corresponding section table (UP Police, 2024-07-03), p17
Official reference: Legislative Department, Assam: government historical reference — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-06-30.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately. Historical code retained for reference; read the repeal/savings provisions in the successor code.
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 135. Order of production and examination of witnesses
- 136. Judge to decide as to admissibility of evidence
- 137. Examination-in-chief
- 138. Order of examinations
- 139. Cross-examination of person called to produce a document
- 140. Witnesses to character
- 141. Leading questions
- 142. When they must not be asked
- 143. When they may be asked
- 144. Evidence as to matters in writing
- 145. Cross-examination as to previous statements in writing
- 146. Questions lawful in cross-examination
- 147. When witness to be compelled to answer
- 148. Court to decide when question shall be asked and when witness compelled to answer
- 149. Question not to be asked without reasonable grounds
- 150. Procedure of Court in case of question being asked without reasonable grounds
- 151. Indecent and scandalous questions
- 152. Questions intended to insult or annoy
- 153. Exclusion of evidence to contradict answers to questions testing veracity
- 154. Question by party to his own witness
- 155. Impeaching credit of witness
- 156. Question tending to corroborate evidence of relevant fact, admissible
- 157. Former statements of witness may be proved to corroborate later testimony as to same fact
- 158. What matters may be proved in connection with proved statement relevant under section 32 or 33
- 159. Refreshing memory
- 160. Testimony to facts stated in document mentioned in section 159
- 161. Right of adverse party as to writing used to refresh memory
- 162. Production of documents
- 163. Giving, as evidence, of document called for and produced on notice
- 164. Using, as evidence, of document production of which was refused on notice
- 166. Power of jury or assessors to put questions