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Judge’s Power to Put Questions (Section 165 IEA / Section 153 BSA)

Evidentiary Rules & Proof Standards

Definition

The sweeping statutory authority of a presiding judge to discover or obtain proper proof of relevant facts, allowing them to ask any question at any time of any witness or party, about any fact, and order the production of any document.

Example

In State of Rajasthan v. Ani, the Supreme Court held that a trial judge is not a mere passive umpire, but has an active duty under Section 165 IEA to intervene and put clarifying questions to a confused witness to elicit the truth.