Section 165: Judge’s power to put questions or order production

Now in the BSA

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Leading cases

• Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020)A certificate under Section 65B(4), Evidence Act is a condition precedent to admitting secondary evidence of an electronic record; Anvar P.V. was affirmed as clarified, and Shafhi Mohammad and Tomaso Bruno were held not to state the law correctly.

Questions on this section

4 questions in 15 of our papers cite Section 165. Try these from the free papers:

1. 1. Consider the following statements regarding the Judge's power to put questions under Section 168 of the BSA: 1. The Judge may ask any question he considers necessary, in any form, at any time, of any witness or of the parties about any fact. 2. The parties are entitled, without the leave of the Court, to cross-examine a witness upon any answer given in reply to such a question. 3. The judgment may be based on any fact brought out by the Judge's questions, even if it is not a fact declared relevant by the BSA. Which of the statements given above is/are correct?

   A.1 and 2 onlyB.1 onlyC.2 and 3 onlyD.1 and 3 only
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2. 2. In a murder trial, the Sessions Judge repeatedly warns two eyewitnesses that they will be prosecuted for perjury if they depart from their earlier statements. Applying Ram Chander v. State of Haryana (1981) to the Judge's power now in Section 168 of the BSA, which of the following is correct?

   A.The Judge may question witnesses to reach the truth but must not act as prosecutor or intimidate themB.The Judge's questions cannot be scrutinised in appeal, because the parties are not entitled to object to themC.The Judge may question witnesses only after both parties have closed their examination and with the consent of bothD.The Judge may question witnesses only on facts in issue, so such warnings are outside the power but cause no prejudice
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3. 3. In order to discover or obtain proof of relevant facts under Section 168 of the BSA, the Judge is NOT barred from doing which of the following?

   A.Dispensing with primary evidence of a document, except in the cases already excepted by the AdhiniyamB.Asking a question which it would be improper for any other person to ask under Section 151 or 152C.Compelling a witness to answer a question he could refuse to answer under Sections 127 to 136D.Ordering the production of any document or thing, though neither party has asked for it
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