Gujarat High Court Civil Manual (subordinate court practice), 1960
(1) The imperative language used in sections 5, 60, 64, 136 and 165, Indian Evidence Act, indicates that a Court should, whether objection to evidence is or is not raised by any party, compel observance of the law. (2) When a witness is being cross-examined, the Judge should guide himself by the provisions of sections 146, 148, 151 and 152 of the Evidence Act, and disallow any question which appears to him to be improper. He should see that much is not made of trifling discrepancies, that the examination is not protracted beyond reasonable limits even if the questions put be relevant, and that the witness is not subjected to questions, which merely invite repetition of the story, which he has already given in his examination-in-chief, in the hope that he will change it in the process. In this connection section 136 of the Evidence Act should be borne in mind, as it empowers the Judge to ask a party proposing to give evidence in what manner the alleged fact, if proved, will be relevant. The cross-examiner must not be allowed to bully or take unfair advantage of the witness. (3) While it is necessary for the Judge to check random and pointless questioning, he should be careful not to frustrate a skilful cross-examination by interposing when the drift of the questions is not immediately apparent and some questions are repeated. He should endeavour to follow the line and purpose of the cross-examination closely and should only ask the examiner to explain relevancy of a line of enquiry when it apparently has no bearing upon the case. (4) A witness may be questioned in cross-examination not only on the subject of enquiry but upon any other subject, however remote for the purpose of testing the credibility, his memory, his means of knowledge, or his accuracy. The moment it appears that a question is being asked which does not bear upon the issue or give promise of helping the Court to estimate the value of the witness' testimony, it is the duty of the Court to interfere as well to protect the witness from what then becomes an injustice or insult as to prevent the