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Supreme Court of India· 07 September 2026

Does Section 165 of the Evidence Act empower a Court to ensure a witness's identification of the accused is placed on record?

DHANRAJ v. STATE OF RAJASTHAN
2026 INSC 958
Coram: Justice Sandeep Mehta · Justice Manmohan
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Answer

Yes. Section 165 of the Evidence Act, 1872 and Section 311 of the Code confer wide powers on the Court to elicit material necessary for the truth; a Court is not a mere recording machine and must take a participatory role in the trial.

Headnote

Indian Evidence Act, 1872 — s.165 — Code of Criminal Procedure, 1973 — s.311 — Indian Penal Code, 1860 — s.376 — Test identification parade — Dock identification — Evidence — Test identification parade — Corroborative, not substantive — Held: Test identification proceedings held during investigation are corroborative, not substantive; the substantive proof of identity is the witness's identification in Court. Failure to obtain the victim's dock identification is a fatal omission where the accused was not named in the FIR. (¶41, 44) Indian Evidence Act, 1872 — s.165 — Code of Criminal Procedure, 1973 — s.311 — Court's duty to elicit truth — Held further: Section 165 of the Evidence Act and Section 311 of the Code confer wide powers on the Court to elicit material evidence; a Court is not a mere recording machine. Conviction set aside; appellant acquitted after nine years in custody. (¶46, 58, 59)

Headnote

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In the Court's own words
Paragraph 46Section 165 of the Indian Evidence Act, 1872 (Corresponding to Section 168 of the Bharatiya Sakshya Adhiniyam, 2023) confers wide powers upon the Court to put questions to witnesses and to direct production of documents or things in order to discover or obtain proper proof of relevant facts. In Zahira Habibulla H. Sheikh v. State of Gujarat[^10], this Court held that Section 311 of the CrPC (Corresponding to Section 348 of the Bharatiya Nagarika Suraksha Sanhita, 2023) and Section 165 of the Evidence Act, 1872 confer vast and wide powers upon the Presiding Officer and that the Courts are not expected to function as mere recording machines, passively receiving whatever the parties choose to place before them. The Court is required to take a participatory role in the trial, evince active interest and elicit all material necessary for arriving at the truth.
Acts & Sections
Section 376 of the Indian Penal Code, 1860Section 165 of the Indian Evidence Act, 1872Section 311 of the Code of Criminal Procedure, 1973

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Also decided in this judgment
Is test identification during investigation substantive proof of an accused's identity?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Supreme Court of India. Corrections