Multiple choice

The Judge's power to put questions or order production of documents does not include authorization to

  1. compet a witness to answer any question which such witness is entitled to refuse to answer if the question were asked by the adverse party.

  2. to ask a question which would be proper for any other person to ask.

  3. to elicit clarity on a point.

  4. None of these
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A Correct answer
Explanation

Under Section 165 of the Evidence Act, judges have broad powers to put questions to witnesses or order production of documents, BUT this power is subject to important limitations. The judge cannot compel a witness to answer questions that the witness would be entitled to refuse if asked by the adverse party - this includes questions protected by privilege (like spousal communication under Section 122) or self-incrimination protections under Section 132. The judge's power is investigative, not coercive beyond what the adverse party could do. The judge CAN ask questions proper for others to ask and elicit clarity, but cannot override witness protections.

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