Judges power to put questions

In a Bandra family court, a witness gives a half-answer and both lawyers, for their own reasons, let it pass. The Judge leans forward and asks the one question that matters. Is that allowed, or is the Judge stepping into the lawyers’ role? The Bharatiya Sakshya Adhiniyam 2023 answers in one long section, s.168, which gives the Judge wide power to question witnesses and call for documents, and then fences that power with two provisos.

In two minutes

Section 168 of the BSA lets a Judge, to discover or obtain proof of relevant facts, ask any question in any form at any time of any witness or party and order production of any document or thing, without objection from the parties, but the judgment must rest on facts declared relevant and duly proved, and the Judge cannot override privileges or dispense with primary evidence.

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