IEA 165 to BSA 168: Judge’s power to put questions or order production
Section 165 IEA (1872) replaced by Section 168 BSA (2023)
IEA 165 to BSA 168 at a Glance
Section 165 IEA (Judge’s power to put questions or order production) is now Section 168 BSA, in force from 1 July 2024. What changed is set out below.
What Changed From IEA 165 to BSA 168?
Section 165 of the Indian Evidence Act, 1872 became Section 168 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. The Judge may ask any question "he considers necessary", where the IEA said "he pleases", and the words "relevant or irrelevant" were dropped. "Agents" reads "representatives".
IEA 165 vs BSA 168: Comparison Table
| Aspect | IEA 1872 (repealed) | BSA 2023 (in force) |
|---|---|---|
| Section | 165 | 168 |
| Heading | Judge’s power to put questions or order production | Same |
| Cross-references | s.121, s.148, s.149 | s.127, s.151, s.152 |
IEA 165 and BSA 168: Bare Act Text Side by Side
IEA 1872 (repealed)
Section 165, IEA 1872
165. Judge’s power to put questions or order production.—The Judge may, in order to discover or to obtain proper proof of relevant facts, ask any question he pleases, in any form, at any time, of any witness, or of the parties about any fact relevant or irrelevant; and may order the production of any document or thing; and neither the parties nor their agents shall be entitled to make any objection to any such question or order, nor, without the leave of the Court, to cross-examine any witness upon any answer given in reply to any such question:
Provided that the judgment must be based upon facts declared by this Act to be relevant, and duly proved:
Provided also that this section shall not authorize any Judge to compel any witness to answer any question, or to produce any document which such witness would be entitled to refuse to answer or produce under sections 121 to 131, both inclusive, if the question were asked or the document were called for by the adverse party; nor shall the Judge ask any question which it would be improper for any other person to ask under section 148 or 149; nor shall he dispense with primary evidence of any document, except in the cases hereinbefore excepted.
BSA 2023 (in force)
Section 168, BSA 2023
168. Judge’s power to put questions or order production.—The Judge may, in order to discover or obtain proof of relevant facts, ask any question he considers necessary, in any form, at any time, of any witness, or of the parties about any fact; and may order the production of any document or thing; and neither the parties nor their representatives shall be entitled to make any objection to any such question or order, nor, without the leave of the Court, to cross-examine any witness upon any answer given in reply to any such question:
Provided that the judgment must be based upon facts declared by this Adhiniyam to be relevant, and duly proved:
Provided further that this section shall not authorise any Judge to compel any witness to answer any question, or to produce any document which such witness would be entitled to refuse to answer or produce under sections 127 to 136, both inclusive, if the question were asked or the document were called for by the adverse party; nor shall the Judge ask any question which it would be improper for any other person to ask under section 151 or 152; nor shall he dispense with primary evidence of any document, except in the cases hereinbefore excepted.
When It Applies: IEA 165 vs BSA 168
Under IEA 165
- A Judge is hearing a proceeding and seeks to discover or obtain proper proof of relevant facts.
- The Judge puts a question in any form and at any stage to a witness or a party about a relevant or irrelevant fact.
- The Judge directs that a document or physical object be brought before the Court.
- A party or an agent cannot object to the question or order of the Judge, and needs permission from the Court to cross-examine a witness on the answer.
Under BSA 168
- A Judge is hearing a proceeding and seeks to discover or obtain proof of relevant facts.
- The Judge puts a question in any form and at any stage to a witness or a party about any fact that the Judge considers necessary.
- The Judge directs that a document or physical object be brought before the Court.
- A party or a representative cannot object to the question or order of the Judge, and needs permission from the Court to cross-examine a witness on the answer.
What IEA 165 to BSA 168 Means in Practice
Section 165 IEA became Section 168 BSA on 1 July 2024. Under Section 168 BSA, the Judge may ask any question that the Judge considers necessary about any fact, whereas Section 165 IEA allowed any question that the Judge pleases about any fact relevant or irrelevant. In addition, the word agents was replaced with representatives, and the limits in the provisos continue under the corresponding BSA section numbers.
FAQs: IEA 165 to BSA 168
Did Section 168 BSA change the wording of the power of a Judge to question witnesses and parties compared to Section 165 IEA?▼
Yes. Section 168 BSA lets a Judge ask any question that the Judge considers necessary about any fact, whereas Section 165 IEA said any question that the Judge pleases and the words relevant or irrelevant were dropped. Also, the word agents was replaced with representatives.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Indian Evidence Act, 1872 · Bharatiya Sakshya Adhiniyam, 2023 ·