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Central Act · India · Part IV · Chapter X — Of Examination of Witnesses

Section 168 BSA Judge’s power to put questions or order production

Bharatiya Sakshya Adhiniyam, 2023 · Edition: Original enacted Gazette, 25 December 2023; supplied UP Police IEA comparison (printed pages 9–25)

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.

Source document ↗

Judgments on Section 168

LOK 2006 (5) SC 53 · Supreme Court of India

Standard Chartered Bank v. Andhra Bank Financial Services Ltd. & Ors.

Equivalent citations: ILR 2006 KAR 3415 2006 (7) SCJ 459

Subject–
ActsCompanies Act, 1956 (Sections 2(12), 108, 108(1), 111, 155, 620(1)(a) and 620); Specific Relief Act, 1963 (Section 34); Specific Relief Act, 1877 (Section 42); Indian Evidence Act, 1872 (Sections 35, 110, 114 and 165); Sale of Goods Act, 1930 (Section 27)