Court Question- role of court

Ram Chander Vs State Of Haryana AIR 1981 SC 1036 

Evidence Act- sec 165- power of court to ask question- role of court in evidence

"“If a Criminal Court is to be an effective instrument in dispensing justice, the presiding judge must cease to be a spectator and a mere recording machine. He must become a participant in the trial by evincing intelligent active interest by putting questions to witnesses in order to ascertain the truth. The Court has wide powers and must actively participate in the trial to elicit the truth and to protect the weak and the innocent. It is the duty of a judge to discover the truth and for that purpose he may "ask any question, in any form, at any time, of any witness, or of the parties, about any fact, relevant or irrelevant". But this he must do, without unduly trespassing upon the functions of the public prosecutor and the defence counsel, without any hint of partisanship and without appearing to frighten, coerce, confuse, intimidate or bully witnesses. He must take the prosecution and the defence with him. The Court. the prosecution and the defence must work as a team whose goal is justice, a team whose captain is the judge. The judge, "like the conductor of a choir, must, by force of personality personality, induce his team to work in harmony; subdue the raucous, encourage the timid, conspire with the young, flatter and old”

“The Court, the prosecution and the defence must work as a team whose goal is justice, a team whose captain is the judge.”