IEA §165
Judge’s power to put questions or order production
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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.
What changedAI-inferred
Judges power to put questions or order production — IEA 165 repealed in BSA (covered by Court inherent powers).
Old position
IEA 165 is concerned with Judge’s power to put questions or order production. Judge’s power to put questions or order production
New position
BSA has no direct counterpart in the new code.
Judges power to put questions or order production — IEA 165 repealed in BSA (covered by Court inherent powers).
Editorial deltaAI-indicated (source-linked)
Judges power to put questions or order production — IEA 165 repealed in BSA (covered by Court inherent powers).
Transitional note (repeal & savings)
Cases registered or proceedings initiated before 1 July 2024 are governed by IEA 165. Where IEA 165 has no successor in the new code, the legal effect depends on whether the matter is one of pre-BNS repeal, externalisation to a sister statute, or constitutional displacement — see the change-note above and the linked sources for specifics.
Frequently asked
IEA 165 has no direct counterpart in the new code. See the change-note above for the specific reason — common patterns include pre-BNS repeal by an earlier amending act, externalisation to a sister statute (e.g., Legal Metrology Act, Mental Healthcare Act), constitutional displacement by a Supreme Court ruling, or editorial omission.
Government source
The statutory text above is compiled from the Act as published by the Government of India. The links open the full Act; use the PDF's search to find the section number. The linked government pages offer no link to a single section.
Indian Evidence Act, 1872 · §165
View government sourcelddashboard.legislative.gov.in(opens the Indian Evidence Act, 1872 Web page on lddashboard.legislative.gov.in in a new tab)Legislative Department, Ministry of Law and Justice, Government of India · Web page
Newlaws.in is an independent site, not a government body. The mappings and notes on this page are its own AI-assisted comparison and are not published or endorsed by any government body.
Sources
- India Code — Indian Evidence Act, 1872
- Gazette of India — Bharatiya Sakshya Adhiniyam, 2023
Cite this page
Newlaws.in, IEA §165 Mapping Page, last updated 2026-05-01, accessed 2026-10-29, https://newlaws.in/iea/165.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.