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

Indian Evidence Act, 1872

Statutory text

The Judge may, in order to discover
or to obtain proper proof of relevant facts, ask any question he pleases, in any form, at any time, of any
witness,  or  of  the  parties  about  any  fact  relevant or  irrelevant;  and  may  order  the  production  of  any
document or thing; and neither the parties nor their agents 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  Act  to  be  relevant,  and  duly
proved:
Provided  also  that  this  section  shall  not  authorize  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 121 to 131, 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  148  or  149;  nor  shall  he  dispense  with  primary  evidence  of  any  document, except in the cases hereinbefore excepted.

Back to IEA