Judge’s power to put questions or order production.
What this section does
The Judge has wide power to ask any question in any form at any time of any witness or party, and to order production of any document or thing, in order to discover or obtain proof of relevant facts; parties have no right to object to such questions or orders, nor to cross-examine on answers without leave. However, the judgment must rest on duly proved relevant facts, and the section does not override the privilege provisions in ss. 127–136, the improper-question bar in ss. 151–152, or the primary-evidence rule.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
The rule in one line
The Judge may ask any question or order any production to discover relevant facts, subject to privilege, improper-question, and primary-evidence limits.
When it applies
- A judge may suo motu ask a witness to clarify a discrepancy in testimony without either party having raised the point.
- A judge may order production of a document not listed by either party if it appears necessary to determine a relevant fact, but cannot compel production of a privileged communication.
Derived from IEA s.165.
Read the official text
For the binding statutory text of BSA Section 168, refer to the Gazette of India or the India Code official website.
Why this matters
BSA Section 168 forms part of Bharatiya Sakshya Adhiniyam which replaced the Indian Evidence Act 1872 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.