RELEVANT PROVISIONS-
1) Section 165, of the Indian Evidence Act,1872 read with section 172(2) of the Code of
Criminal Procedure.
2) Section 11,Evidence Act.
the murder of Dunni. Both were convicted under section 302 read with section 34 Indian Penal
Code and sentenced to imprisonment for life. On appeal the High Court acquitted Mange but
confirmed the conviction and sentence of Ram Chander. Later on ,in appeal by special leave it
was contended that the conviction and sentence were vitiated as the principle of fair trial was
abandoned by the Sessions Judge who rebuked the witnesses and threatened them with
prosecution for perjury and based his conviction on such extorted evidence.
constricting the judges’ power and its limitation significantly. The Judgment has expanded the
scope of section 165 of the Indian evidence act in a broader way, gave it the direction, in which it
is to be applied. The section is lavishly framed with an intent to confer the unbridled power to
the judge of a trial courts, without imposing any restriction over such power. The section
contains the words like “any question, at any time, of any of the parties whether, relevant or
irrelevant” empowers the judges to exercise the arbitrariness during the trials. Neither of the
Parties nor the counsels have any right to raise the objection to any such question.
This Judgment curtails such vast and unrestricted power and lays down the guidelines in which
the given power of the trial court judges can be exercised. The apex court has held that the role
of the judge is of great importance, not merely being a spectator and a recording machine. He has
the wide power to put any question to any witness, or of the parties, at any time whenever he
finds necessary, but this power is restricted to some limitations. While exercising its power, the
judge must not interfere with functions of the counsel of both sides, and must not in any ways
coerce, confuse or frighten the witnesses. The judge, the prosecutor and the defense, all three
must work with harmony, in a team to achieve the goal of criminal justice.
The apex court while upholding the principles of fair trial, also stated that arbitrarily exercise of
power under section 165 of Indian Evidence Act, 1872 would also amount to redundancy of
provisions of the witnesses, if they are tested, accepted or rejected with the external force
pressurizing them.
I, highly support the guidelines given by the court in present cases which would help in better