Leading Questions under BSA (Section 146) and IEA: Definition, Rules & Case Law

Section 146 (1) BSA (Section 141 IEA) – Definition

Any question suggesting the answer which the person putting it wishes orexpects to receive, is called a leading question. In other words we can say that a leading question is one which suggests the answer which the person putting it wishes or expects to receive.

Examples include:

• “Is not your name X?”,
• “Do you not live in Y?”,
• “Are you not employed with Z?”.

Such questions practically put the answer into the mouth of the witness. By contrast, a question like “Where do you live?” is not a leading question. Leading questions are not confined to yes/no form; any question indicating the desired answer is leading question.

Section 146 (2) BSA (Section 142 IEA) – When Leading Questions Must Not Be Asked

Rule: In examination-in-chief and re-examination, leading questions cannot be asked if the opposite party objects.

Court’s Discretion: The court may, however, permit leading questions when:

1. The matter is introductory,
2. The matter is undisputed, or
3. The matter has been already sufficiently proved.

Reasoning: The object examination in chief is to allow the witness to narrate facts in his own words. If leading questions were permitted freely, counsel could script a story favorable to his client through the witness. Since a witness is presumed biased toward the party calling him, unrestricted leading compromises fairness and violates the accused’s right to fair trial under Article 21.

In Varkey Joseph v. State of Kerala (1993), SC held that permitting leading questions on material issues during examination-in-chief undermines fairness of trial.

Also like to read: Admission in Evidence Act Definition Types and Value

Section 146 (4) BSA (Section 143 IEA) – When Leading Questions May Be Asked

In cross-examination, leading questions are permissible as a matter of right. The purpose of cross-examination is to test the accuracy, credibility, and reliability of the witness. Hence, the court cannot disallow leading questions in cross-examination.

Instances Where Leading Questions May Be Asked

1. Where they are not objected to by the opposite party.
2. Where the opposite party objects, but the court overrules the objection.
3. Where they deal with matters of introductory or undisputed nature, or matters already satisfactorily proved.
4. In cross-examination.

 

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