Section 168 of BSA : Section 168: Judge's power to put questions or order production.

Explanation using Example

Example 1:

Scenario: A Theft Case

Context: During a trial for theft, the prosecution presents a witness who claims to have seen the accused near the scene of the crime.

Application of Section 168:

• Judge's Action: The judge, seeking to clarify the timeline, asks the witness, "At what exact time did you see the accused near the shop?"
• Witness's Response: The witness responds, "I saw him around 8 PM."
• Judge's Order: The judge then orders the production of CCTV footage from the shop to verify the witness's statement.
• Parties' Reaction: Neither the defense nor the prosecution can object to the judge's question or the order for the CCTV footage.
• Legal Boundaries: The judge ensures that the questions asked and the evidence sought are relevant and permissible under the law, without compelling the witness to provide information they are legally entitled to withhold.

Example 2:

Scenario: A Contract Dispute

Context: In a civil case involving a breach of contract, the plaintiff claims that the defendant failed to deliver goods as per the agreement.

Application of Section 168:

• Judge's Action: The judge asks the plaintiff, "Can you provide the original contract document that outlines the terms of delivery?"
• Plaintiff's Response: The plaintiff submits the original contract document to the court.
• Judge's Order: The judge orders the defendant to produce any correspondence or emails related to the delivery schedule.
• Parties' Reaction: Neither party can object to the judge's questions or the order to produce documents.
• Legal Boundaries: The judge ensures that the questions and orders are within the legal framework, respecting the parties' rights to withhold certain privileged information as per sections 127 to 136 of the Adhiniyam.

Example 3:

Scenario: A Murder Trial

Context: In a murder trial, a key witness testifies that they saw the accused with a weapon on the night of the murder.

Application of Section 168:

• Judge's Action: The judge asks the witness, "Can you describe the weapon you saw in the accused's possession?"
• Witness's Response: The witness describes the weapon in detail.
• Judge's Order: The judge orders the police to produce the forensic report of the weapon found at the crime scene.
• Parties' Reaction: Neither the defense nor the prosecution can object to the judge's question or the order for the forensic report.
• Legal Boundaries: The judge ensures that the questions asked and the evidence sought are relevant and permissible under the law, without compelling the witness to provide information they are legally entitled to withhold.

Example 4:

Scenario: A Property Dispute

Context: In a property dispute, the plaintiff claims that the defendant has encroached on their land.

Application of Section 168:

• Judge's Action: The judge asks the plaintiff, "Do you have the original land ownership documents?"
• Plaintiff's Response: The plaintiff submits the original land ownership documents to the court.
• Judge's Order: The judge orders a surveyor to produce a recent survey report of the disputed land.
• Parties' Reaction: Neither party can object to the judge's questions or the order for the survey report.
• Legal Boundaries: The judge ensures that the questions and orders are within the legal framework, respecting the parties' rights to withhold certain privileged information as per sections 127 to 136 of the Adhiniyam.