INTRODUCTION
Courts are tasked with delivering complete and effective justice. To achieve this, Section 165 of the Indian Evidence Act confers broad powers upon judges. These powers enable judges to ask any questions they deem necessary and order the production of documents to establish proper proof of relevant facts. These questions may or may not be directly related to relevant facts or the issues in question. The underlying principle is that judges should not merely rely on what is presented to them but should independently ascertain the true state of affairs.
LIMITATIONS ON THE JUDGE’S POWER
- Privileges and Refusal – The power vested in judges is subject to limitations outlined in the proviso appended to Section 165. It specifies that witnesses cannot be compelled to answer questions or produce documents to which they would be entitled to refuse under Sections 121 to 131 of the Indian Evidence Act. This means that the privileges of witnesses, such as the privilege against self-incrimination, remain intact.
- Impropriety – Judges are also bound by restrictions regarding the types of questions they can ask. They cannot pose questions that would be considered improper under Sections 148 and 149 of the Indian Evidence Act.
RELEVANCE AND PROPER PROOF
It’s crucial to note that while judges have the authority to ask questions and request documents, their judgments must ultimately be based on relevant facts that are duly proved in accordance with the Indian Evidence Act. This ensures that the legal process adheres to the principles of fairness and justice.
In summary, Section 165 of the Indian Evidence Act empowers judges to actively participate in court proceedings by posing questions and requesting documents to uncover the truth and deliver comprehensive justice. However, this power is not absolute and is subject to certain limitations to safeguard witness privileges and prevent impropriety in questioning.
REFERENCE:-
1.https://indianexpress.com/article/india/crime/judges-cant-act-as-tape-recorders-but-protect-witnesses-sc/lite/ -THE INDIAN EXPRESS
