Section 246 Evidence Act 2011
Section 246 Evidence Act 2011 is titled ‘Judge’s power to put questions or order production of documents, etc.‘. It is under Part XII (TAKING OF ORAL EVIDENCE AND EXAMINATION OF WITNESSES) of the Act. It states as follows:
(1) The court, or any other person empowered by law to take evidence may, in order to clear up ambiguities or to clarify points which have been left obscure in the evidence given by any witness, 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; and neither the parties nor their agents shall be entitled to make any objection to any such question or order or, without the leave of the court, to cross – examine any witness upon any answer given in reply to any such question:
(2) The question referred to in subsection 1 must be based upon facts declared by this Act to be relevant, and duly proved;
(3) A judge shall not under this section 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 this Act, if the question were asked or the documents were called for by the adverse party; nor shall the judge ask any question which it would be improper for any person to ask under section 224 or 225 of this Act nor shall the judge dispense with primary evidence of any document, except in the cases excepted in preceding sections of this Act.