BSA Section 168 — Judge’s power to put questions or order production

Summary

The Judge may ask any witness or either party any question at any time, in any form, to discover or prove relevant facts, and may order the production of any document or thing. Neither the parties nor their representatives may object to such a question or order, and they may not cross-examine a witness on an answer given to such a question without the Court’s permission.

However, the judgment must still be based only on facts that this Adhiniyam declares to be relevant and that have been properly proved.

This section does not allow the Judge to force a witness to answer a question or produce a document that the witness could refuse to answer or produce under sections 127 to 136 if the question were asked or the document demanded by the opposing party. The Judge also may not ask any question that it would be improper for any other person to ask under section 151 or 152, and may not dispense with primary evidence of a document except in the cases already excepted in this Adhiniyam.

Official 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.

Sections referred to

• BSA §127 — Judges and Magistrates
• BSA §128 — Communications during marriage
• BSA §129 — Evidence as to affairs of State
• BSA §130 — Official communications
• BSA §131 — Information as to commission of offences
• BSA §132 — Professional communications
• BSA §133 — Privilege not waived by volunteering evidence
• BSA §134 — Confidential communication with legal advisers
• BSA §135 — Production of title-deeds of witness not a party
• BSA §136 — Production of documents or electronic records which another person, having possession, could refuse to produce
• BSA §151 — Court to decide when question shall be asked and when witness compelled to answer

Old <-> New Code Mapping

• IEA §165 — Judge’s power to put questions or order production