Section 168 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Here's a detailed explanation of Section 168 of the Bharatiya Sakshya Adhiniyam (BSA), 2023:
📜 Section 168: Judge's Power to Put Questions or Order Production
Provision:
Section 168 empowers the judge to actively participate in the examination of witnesses and the production of evidence during a trial. Specifically, it states:
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.(thebsaact.com)
However, this power is subject to certain limitations:
The judgment must be based upon facts declared by this Adhiniyam to be relevant and duly proved.(advocatekhoj.com)
This section does not authorize any Judge to compel a witness to answer any question or to produce any document that the witness would be entitled to refuse under Sections 127 to 136.(advocatekhoj.com)
The Judge shall not ask any question that it would be improper for any other person to ask under Sections 151 or 152.(advocatekhoj.com)
The Judge shall not dispense with the primary evidence of any document, except in the cases hereinbefore excepted.(advocatekhoj.com)
Explanation:
Section 168 grants judges the authority to ask questions and order the production of documents or things to ascertain the truth and ensure the discovery of relevant facts during a trial. This proactive role is intended to facilitate a thorough examination of the case, ensuring that justice is served.(indiankanoon.org)
Limitations:
While the judge has broad powers, these are circumscribed by the need to respect the rights of witnesses and parties involved. The judge cannot compel a witness to answer questions or produce documents that they are legally entitled to refuse. Additionally, the judge must adhere to the rules regarding the admissibility of evidence and cannot bypass the requirement for primary evidence unless exceptions apply.(
Purpose:
The primary aim of Section 168 is to empower judges to take an active role in the trial process, ensuring that all relevant facts are brought to light and that the proceedings are conducted efficiently and fairly.
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