Certain questions may be permitted to be asked by the Court/Judge in order to discover or to obtain proper proof of relevant facts. This is dealt under which one of the following provisions of the Bharatiya Sakshya Adhiniyam (BSA), 2023?

Correct option is D

The correct option is (d) Section 168.

Explanation

According to the Bharatiya Sakshya Adhiniyam (BSA), 2023, the power of a Judge to ask questions or order the production of documents to ensure the discovery of truth is governed by Section 168.

• Broad Authority: The section empowers the Judge to ask any question they please, in any form, at any time, of any witness, or of the parties, about any fact—whether relevant or irrelevant.
• Purpose: This power is explicitly granted "in order to discover or to obtain proper proof of relevant facts".
• Production of Items: The Judge may also order the production of any document or thing under this section.
• Limitations: While the Judge has vast powers, they cannot base their judgment on facts that are not legally relevant and duly proved. Furthermore, they cannot compel a witness to answer questions or produce documents that the witness would be entitled to refuse under the rules of privilege (such as confidential communications with legal advisers).

Information Booster:

Section 168 of the BSA 2023 (formerly Section 165 of the Indian Evidence Act, 1872) is designed to prevent the failure of justice due to the inability of parties to bring forth vital evidence.

Additional Knowledge:

Understanding the surrounding sections helps clarify the specific role of Section 168:

• Section 165: Deals with the production of documents by a witness who has been summoned. It mandates that a witness must bring the document to Court even if they have an objection to its admissibility.
• Section 166: Relates to the procedure for giving a document as evidence when it was specifically called for and produced after a notice to produce was given.
• Section 167: Governs the consequences of refusing to produce a document. If a party refuses to produce a document after notice, they cannot later use that document as evidence themselves without the consent of the other party or the Court.