Indian Evidence Act, 1872
165. Judge’s power to put questions or order production
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 of 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 give 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 herein before excepted.