Notes on leading questions as per provisions of Indian Evidence Act

S. 141 of Indian Evidence Act:- Leading questions.—Any question suggesting the answer which the person putting it wishes or expects to receive, is called a leading question.

In simpler terms, a leading question is one that prompts or guides the witness towards a particular response.

 S. 142 of Indian Evidence Act: When they must not be asked.—Leading questions must not, if objected to by the adverse party, be asked in an examination-in-chief, or in a re-examination, except with the permission of the Court.

The Court shall permit leading questions as to matters which are introductory or undisputed, or which have, in its opinion, been already sufficiently proved.

S. 143 of Indian Evidence Act: When they may be asked.—Leading questions may be asked in cross-examination.

Detail discussion

In the context of the Indian Evidence Act, a leading question is defined under Section 141 as "any question suggesting the answer which the person putting it wishes or expects to receive." In simpler terms, a leading question is one that prompts or guides the witness towards a particular response.

Purpose of Leading Questions

The purpose of leading questions is to expedite the examination of witnesses and elicit specific information quickly. They are often used in examination-in-chief, where the party calling the witness seeks to establish their version of events.

Restrictions on Leading Questions

While leading questions can be helpful in streamlining the examination process, their use is strictly regulated under the Indian Evidence Act. Section 142 states that leading questions must not be put in examination-in-chief or re-examination without the permission of the court.

The court may allow leading questions in certain circumstances, such as:

1. Introductory or undisputed matters: When inquiring about basic information or facts that are not in dispute.

2. Sufficiently proved matters: When the court believes that the matter has already been adequately established by other evidence.

3. Hostile witnesses: When examining a witness who is hostile or reluctant to provide information.

Objections to Leading Questions

The opposing party has the right to object to leading questions if they believe that the question is unfair or prejudicial. The court will then consider the objection and decide whether to allow or disallow the question.

Conclusion

Leading questions can be a useful tool for examining witnesses, but their use must be carefully controlled to ensure a fair and impartial trial. 

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