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BSA, 2023
Start Practicing
BSAChapter XSection 168
Section168

Judge's power to put questions or order production

AI Assist

Summary

Judge may at any time put questions to any witness or party and order production of documents or things to discover relevant facts. Parties or their lawyers cannot object to those questions, nor cross-examine on answers without the court's leave. The judge still cannot force answers or production where the witness has a legal right to refuse, ask improper questions, or base judgment on unproved matters.

Example

Rohan sues his neighbour over unpaid rent for a shop. The Judge asks a shopkeeper witness for old rent receipts and orders them produced; neither party can object and the witness cannot be cross-examined on that answer without leave. If the witness has a legal right to refuse or the original document is strictly required, the Judge cannot compel production.

Bare Act

Enacted text

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 hereinbefore excepted.

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X

Chapter X

Of Examination of Witnesses

In this chapter

  • 140Order of production and examination of witnesses
  • 141Judge to decide as to admissibility of evidence
  • 142Examination of witnesses
  • 143Order of examinations
  • 144Cross-examination of person called to produce a document
  • 145Witnesses to character
  • 146Leading questions
  • 147Evidence as to matters in writing
  • 148Cross-examination as to previous statements in writing
  • 149Questions lawful in cross-examination
  • 150When witness to be compelled to answer
  • 151Court to decide when question shall be asked and when witness compelled to answer
  • 152Question not to be asked without reasonable grounds
  • 153Procedure of Court in case of question being asked without reasonable grounds
  • 154Indecent and scandalous questions
  • 155Questions intended to insult or annoy
  • 156Exclusion of evidence to contradict answers to questions testing veracity
  • 157Question by party to his own witness
  • 158Impeaching credit of witness
  • 159Questions tending to corroborate evidence of relevant fact, admissible
  • 160Former statements of witness may be proved to corroborate later testimony as to same fact
  • 161What matters may be proved in connection with proved statement relevant under section 26 or 27
  • 162Refreshing memory
  • 163Testimony to facts stated in document mentioned in section 162
  • 164Right of adverse party as to writing used to refresh memory
  • 165Production of documents
  • 166Giving, as evidence, of document called for and produced on notice
  • 167Using, as evidence, of document production of which was refused on notice
  • 168Judge's power to put questions or order production
Previous · Section 167Using, as evidence, of document production of which was refused on noticeNext · Section 169No new trial for improper admission or rejection of evidence