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Section 164: Judge's power to question and order evidence production

164.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 or she 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; but—

(a)the judgment must be based upon facts declared by this Act to be relevant, and duly proved;

(b)this section shall not authorise any judge to compel any witness to answer any question, or to produce any document which that witness would be entitled to refuse to answer or produce under sections 119 to 130, 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 147 or 148; nor shall he or she dispense with primary evidence of any document, except in the cases hereinbefore excepted.

Plain English Summary

A judge in a trial has the power to ask any question at any time to any witness or party to discover the truth. The judge can also order anyone to pro...

AI-generated, for reference only.

🔍Search Tips
  • • Search by keyword: "land", "tax", "arrest"
  • • Use exact phrases: "land commission"
  • • Enter citations: 45, 45(3)(a), 45:3:a
  • • Press / to search, Esc to close

Searching within THE EVIDENCE ACT. Faster results.