A judge in a court proceedings,has vital powers to ask questions and request documents to determine relevant facts that can help in making a fair and unbiased judgment.
What is Section 168 of BSA?
Under Section 168 of Bharatiya Sakshya Adhiniyam,2023 ( BSA) courts are assigned with delivering complete and effective justice. To get the desired result,this section confers broad powers upon judges. These powers authorize judges to ask any questions they deem important and order the production of any documents to establish proper proof of relevant facts. These questions which the judge asks may or may not be directly related to relevant facts or the issues in question. The underlying principle is that judges should not specifically depend upon what is shown to them but should independently discover the true state of affairs.(Earlier under Section 165 of IEA)
Key Components
- The judge can question witnesses or parties about any fact in any form whatsoever he thinks fit.
- The judge can order for the production of any documents or other items.
- Parties or their representatives cannot object to the questions or orders of the judge.
- Cross-examination on the questions asked by the judge is not allowed without the permission of the court.
- The judgment given by the judge must be based on facts that are relevant and legally proven.
Exceptions
- Privileges and Refusal – The power vested in judges is subject to limitations given in the proviso to Section 168 of Bharatiya Sakshya Adhiniyam,2023(BSA). It says that witnesses cannot be pressured to answer questions or produce documents to which they would be allowed to refuse under Sections 127 to 136 of the Bharatiya Sakshya Adhiniyam,2023(BSA) this means that the privileges of witnesses, such as the privilege against self-incrimination, remain unharmed.
- Impropriety – Judges are also bound by limitations regarding the types of questions they can ask. They cannot ask questions that would be considered improper under Sections 151 and 152 of the Bharatiya Sakshya Adhiniyam, 2023(BSA.
- Primary Evidence – The judge cannot ignore primary evidence requirements, except in specific cases already allowed by law.
Examples
A judge may in a fraud case ask for a company’s internal documents or question a witness about their knowledge of certain events, but cannot ask questions that harm their privacy rights.
Why is this important?
It makes sure that judges can actively seek the truth, leading to fairer results ,while still respecting legal rights and boundaries.It’s important to note that while judges have the power to ask any questions and request any documents, their judgments must ultimately be based on relevant facts that are duly proved in accordance with the Bharatiya Sakshya Adhiniyam,2023(BSA). This makes sure that the legal process adheres to the principles of fairness and justice.
Section 168 Bharatiya Sakshya Adhiniyam, 2023(BSA) empowers the judges to actively participate in court proceedings by asking questions and requesting documents to discover the truth and deliver comprehensive justice. However, this power is not absolute and is subject to certain restrictions to safeguard witness privileges and prevent impropriety in questioning.
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