193. The imperative language used in Sections 5, 60, 64, 136 and 165 of the Indian Evidence Act indicates that whether objection to evidence is or is not raised by any party the Court should compel observance of the law. It is, therefore, the duty of the presiding officer to ascertain by a few questions put to each witness at the proper time, whether he is speaking of matters within his own knowledge, or merely of those which he has heard from others; and if the former, what are his means of knowledge. Under Section 165 of the Evidence Act the presiding officer may, in order to discover or to obtain proper proof of relevant facts, question a witness at any time about any fact, relevant or irrelevant; but he should not ordinarily interfere after the examination-in-chief has been finished and question the witness upon points to which the cross-examination will properly be directed, as to do so may render the subsequent cross-examination ineffective.
