Section 168
Judge's power to put questions or order production
Reviewed by Ravi Sisodia · Last reviewed 10 October 2026
Official text of section 168 of the Bharatiya Sakshya Adhiniyam, 2023 (Chapter X: Of examination of witnesses), with the matching section of the Indian Evidence Act, 1872.
Section 168, official text
The Judge may, in order to discover or obtain proof of relevant facts, ask any question he considers necessary, in any form, at any time, of any witness, or of the parties about any fact; and may order the production of any document or thing; and neither the parties nor their representatives 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 Adhiniyam to be relevant, and duly proved:
Provided further that this section shall not authorise 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 127 to 136, 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 151 or 152; nor shall he dispense with primary evidence of any document, except in the cases hereinbefore excepted.
Source: The Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023), Gazette of India Extraordinary, in force from 1 July 2024. The signed Gazette controls.
Compared with the Indian Evidence Act, 1872
Section 168 replaces Section 165 of the Indian Evidence Act, 1872 (“Judge's power to put questions or order production”). The wording is substantially the same as the earlier section. The 1872 Act was repealed by section 170 of the Adhiniyam, which saves proceedings pending on 1 July 2024.
Nearby sections
- Section 166 — Giving, as evidence, of document called for and produced on notice
- Section 167 — Using, as evidence, of document production of which was refused on notice
- Section 169 — No new trial for improper admission or rejection of evidence
- Section 170 — Repeal and savings
Source and review trail
The text above is taken from the Gazette of India publication of the Act. Check later amendments and the signed Gazette before relying on it.
- Official text
- NCRB — Bharatiya Sakshya Adhiniyam, 2023, section 168