Haryana Judicial Service (Civil Judge) Prelims 2010 Previous Year Question Papers with MCQ Answers

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101.

Court question under Section 165 of Evidence Act can be put to :

A: any witness
B: any party
C: both (a) & (b)
D: neither (a) nor (b).

The answer is: C

Explanation

The correct option is C: both (a) & (b).

According to Section 165 of the Indian Evidence Act, 1872, the judge may 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.

The purpose of this section is to enable the judge to discover or obtain proper proof of relevant facts, and to serve the interests of justice. The parties or their agents cannot object to any such question or order, nor cross-examine any witness without the leave of the court. However, the judge cannot compel any witness to answer any question or produce any document that they would be entitled to refuse under sections 121 to 131, nor ask any improper question under section 148 or 149, nor dispense with primary evidence of any document, except in the cases hereinbefore excepted. The judgment must be based on facts declared by the act to be relevant and duly proved.