Section 168 BSA: Judge's Power to Put Questions or Order Production
Section 168 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) gives the Judge a broad power to ask questions and order the production of documents or things when this is necessary to discover or obtain proof of relevant facts. The provision also places clear limits on that power so that statutory privileges and the rules of evidence remain protected.
Text and meaning of Section 168
Section 168 - Judge's power to put questions or order production.
In substance, the provision authorises the Judge, for the purpose of discovering or obtaining proof of relevant facts, to question witnesses or parties at any stage and in any form the Judge considers necessary, and to direct the production of a document or thing.
The parties and their representatives cannot object to such a judicial question or production order merely because it has been initiated by the Judge. A witness may be cross-examined on an answer given to the Judge only with leave of the Court.
Scope of the Judge's power
The power under Section 168 is intended to assist the Court in discovering the truth and clarifying the evidentiary record. It enables the Judge to intervene where testimony is unclear, an important factual point requires clarification, or a relevant document or thing should be produced for a proper adjudication.
- The Judge may ask a question considered necessary to discover or obtain proof of a relevant fact.
- The question may be put to a witness or to a party.
- The question may be asked in any form and at any time during the proceeding.
- The Judge may order production of a document or thing.
- The parties do not have an automatic right to object to the Judge's question or production order.
- Cross-examination on an answer given to the Judge requires leave of the Court.
Important statutory limitations
The power is broad but not unlimited. Section 168 itself preserves important safeguards.
1. Judgment must rest on relevant and duly proved facts
The first proviso requires the judgment to be based only on facts that the BSA declares relevant and that have been duly proved. Judicial questioning cannot be used to bypass the basic rules governing relevance and proof.
2. Privileged answers and documents remain protected
The Judge cannot compel a witness to answer a question or produce a document where the witness would be legally entitled to refuse under Sections 127 to 136 of the BSA if the same request had been made by the adverse party.
3. Improper questions remain prohibited
The Judge cannot ask a question that would be improper for another person to ask under Sections 151 or 152 of the BSA. The Court's truth-seeking role therefore remains subject to the statutory protections governing permissible questioning of witnesses.
4. Primary evidence rule cannot ordinarily be dispensed with
Section 168 does not permit the Judge to disregard the requirement of primary evidence of a document except in cases where the BSA itself provides an exception.
Practical effect in court proceedings
Section 168 recognises that a Judge is not required to remain passive when clarification is necessary for a just decision. The provision allows judicial intervention to expose ambiguity, identify missing evidentiary material and focus the proceeding on relevant facts. At the same time, the Judge must maintain neutrality and apply the statutory safeguards on relevance, privilege, proper questioning and documentary proof.
Related BSA provisions
Section 168 should be read with the surrounding provisions on production and use of documents and with the restrictions expressly incorporated in the section itself. Useful related pages include Section 165 - Production of documents, Section 166 - Giving as evidence of document called for and produced on notice, Section 167 - Using as evidence document production of which was refused on notice, and Section 169 - No new trial for improper admission or rejection of evidence.
Official sources
For the authoritative statutory text, refer to the Bharatiya Sakshya Adhiniyam, 2023 on India Code. The commencement notification appointing 1 July 2024 as the date on which the BSA came into force is available from the Ministry of Home Affairs.
Last reviewed: 13 September 2026.