meting out justice by application of sec-165 of the INDIAN EVIDENCE ACT

In my view section 165 of the evidence act, is resorted by the Judge to do justice to the case. See also section 311 of the CrPc and Order 18 Rulw 17 and 18 of the CPC. For just decision of the case the judge resort to section 165 of the EA and not as a ritual.

But thye proviso controls the action of the Judge. he is cnfined to the provisos to 165. The former act is preferrable i.e.,  "judge to have recourse to sec-165"

Yes, depending on the principal matter.

i think the scope of Section 165 is to be considered, what i believe its a matter of justice, if the ld. judge finds it necessary for the just adjudication of the matter then necessary questions may be asked but with in the limits as provided by section 165 itself.

i ll try to find more elaborative opinion on this issue.

This is a weapon in the hands of the judge to control both the prosecutor and the defense counsel etc. When either of the party  go out of tune in the proceedings,and the party try to thwart the proceedings, the judge will be helplessly watching the staggering trial without this provision, in such circumstances the judge resort to this weapon to control such proceedings subject to limitation as envisaged in the provisions.

let hundred guilty be acquitted, one innocent must not be punished.so, law is for the protection of the mighty and not for the meek! when A is mightier than B and A offends B , A is presumed to be innocent by the law of the land.Is it not natural as ultimately it is the life and strength that prevail so the dead and the weak should not expect equal right with the living and the strong?

so far as criminal justice is concerned matter of justice often requires invoking sec-311 Cr.P.C and sec-165 IE Act. this considerably slows down the pace of justice. we are to find out how we can strike a balance so that judges can dispose of cases quickly but not at the cost of justice?