Bharatiya Sakshya Adhiniyam, 2023
BSA Section 168
Judge's power to put questions or order production
In one line
BSA Section 168 deals with judge's power to put questions or order production and replaces Evidence Act 165.
Bare act text — BSA 168
168. Judge's power to put questions or order production.
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.
What changed from the Evidence Act
- Evidence Act 165 → BSA 168: Words "proper", "please" and "relevant or irrelevant" are excluded.
- Evidence Act 165 → BSA 168: Word "agents" is replaced by "representatives".
Frequently asked
What was BSA Section 168 in the Evidence Act?
BSA Section 168 (Judge's power to put questions or order production) replaces Section 165 of the Indian Evidence Act, 1872. Evidence Act 165 is now BSA 168.
Still citing the Evidence Act? Convert any old section in seconds, or keep the whole case — dates, clients and sections — in one diary.
Nearby BSA sections
- BSA 163 — Testimony to facts stated in document mentioned in section 162
- BSA 164 — Right of adverse party as to writing used to refresh memory
- BSA 165 — Production of documents
- BSA 166 — Giving, as evidence, of document called for and produced on notice
- BSA 167 — Using, as evidence, of document production of which was refused on notice
- BSA 169 — No new trial for improper admission or rejection of evidence
- BSA 170 — Repeal and savings