Correct option is B
Section 165 of the
Indian Evidence Act, 1872, grants the judge the power to put any questions to any witness or party at any stage of the proceeding, or order the production of any document or thing, in order to discover or obtain relevant facts.
Information Booster:
Section 165 of the Indian Evidence Act, 1872 gives the judge broad discretion to ask questions and require the production of evidence during the course of a trial. The section is crucial for ensuring that the truth is uncovered and that the court has all necessary facts to make an informed decision. The judge can ask any question, whether or not it aligns with the rules of evidence, as long as the intention is to discover relevant facts.
Key Features of Section 165:
1.
Judicial Discretion: The judge can question witnesses and parties at any stage of the trial, even if the parties have not raised those questions themselves.
2.
Objective: The purpose of this power is to obtain all relevant facts necessary for justice, without being restricted by the procedural rules governing evidence.
3.
Production of Documents or Things: The judge can also order the production of any document or thing if it is believed to be relevant to the case.
Importance of Section 165:
This provision ensures that the judge plays an active role in the proceedings, not merely as a passive observer but as an active seeker of truth. It empowers the court to gather all relevant information and evidence that may otherwise not be brought up by the parties involved.
Additional Knowledge:
1.
Section 163 (Option a):
Section 163 deals with giving evidence under duress. It states that no one can be compelled to give evidence that might incriminate them unless they consent to do so. This section does not relate to the judge's power to ask questions or order document production, so Option (a) is incorrect.
2.
Section 161 (Option c):
Section 161 refers to the examination of witnesses by the police during an investigation. This section is about recording statements during an investigation and is not related to the judge's power to put questions or demand evidence in court. Therefore, Option (c) is incorrect.
