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Report No. 69

Chapter 97

Jury and Assessors

Section 166

97.1. Power of jury on assessors.-

Section 166 provides that in a case tried by jury or with assessors, the jury or assessors may put any questions to the witnesses, through or by leave of the judge, which the judge himself might put and which he considers proper.

97.2. Deletion of section 166 recommended.-

The system of trial by jury has been abolished. Provisions for assessors are sometimes made in special laws, but are very rare. The section should therefore be deleted. If ever the system is revived, the section could be re-enacted. But since this system is not now in force, we do not think it necessary to retain the section.

Indian Evidence Act, 1872 Back

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