Section 166 IEA: Power of jury or assessors to put questions

Indian Evidence Act, 1872

Section 166 IEA at a Glance

Section 166 IEA dealt with power of jury or assessors to put questions. It has no corresponding section in the BSA, which replaced the IEA from 1 July 2024.

Section 166 IEA Bare Act Text

166. Power of jury or assessors to put questions

In cases tried by jury or with assessors, the jury or assessors may put any questions to the witnesses, through or by leave of the Judge, which the Judge himself might put and which he considers proper.

Source: Section 166, Indian Evidence Act, 1872

Section 166 IEA in Simple Words

Section 166 of the Indian Evidence Act, 1872 lets a jury or assessors question witnesses. In a trial with a jury or assessors (people sitting with the Judge), they cannot ask questions freely. Every question must go through the Judge or be asked with the permission of the Judge.

The rule applies only when a case is tried by a jury or with assessors. During the case, the jury or the assessors may wish to ask a witness questions. They can ask the Judge to put a question, or get leave from the Judge to ask it.

Not every question is allowed under Section 166 IEA. A question is allowed only if the Judge could ask that question. The Judge also has to consider the question proper.

When Section 166 IEA Applies

  • The case is being tried by a jury or with assessors.
  • The jury or the assessors want to put questions to witnesses.
  • The questions are asked through the Judge or with the permission of the Judge.
  • The Judge could put those questions and considers them proper.

Example of Section 166 IEA

In 1955, a court in Bombay tries a case with assessors where Ramesh testifies about a contract. An assessor named Anita wants to ask Ramesh a question about the signing of that contract. Anita asks the Judge for permission to put the question to the witness. Under Section 166 IEA, the Judge finds that the question could be asked by the Judge and is proper. With the leave of the Judge, Anita asks Ramesh the question about the contract.

No Corresponding BSA Section

No BSA section

Section 166 of the Indian Evidence Act, 1872 was not carried into the BSA. It let a jury or assessors put questions to witnesses, and there is no counterpart.

FAQs on Section 166 IEA

What is Section 166 IEA?▼

Section 166 of the Indian Evidence Act, 1872 allowed a jury or assessors in a trial to put questions to witnesses. Those questions had to be put through the Judge or with the leave of the Judge, and had to be questions the Judge could put and considered proper.

Could a jury or assessors question a witness directly without the Judge under Section 166 IEA?▼

No. Under Section 166 IEA, the jury or assessors could put questions to witnesses only through the Judge or with the leave of the Judge.

Could the jury or assessors ask any question at all under Section 166 IEA?▼

No. Under Section 166 IEA, they could put only questions that the Judge could put to the witness and that the Judge considered proper.

What is Section 166 IEA in BSA?▼

The BSA has no corresponding section for Section 166 IEA, which was not carried into the Adhiniyam. Section 166 IEA let a jury or assessors put questions to witnesses through the Judge or with the leave of the Judge.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Evidence Act, 1872 ·