Section 143 of the Indian Evidence Act, 1872

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Leading Question:

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A ‘leading Question’ is one suggesting the answer which the person asking it wishes to receive from a witness. According to Section 141 “any questing suggesting the answer which the person putting wishes or expects to receive is called a leading question.” For example, Is not your name so and so? Do you live in such and such place? However, if any has to be assessed on facts of each case it is not as if every single leading question would involidate trial.

Whether a question is leading or not the test has been suggested by Justice Amir Ali. According to him “a question may be answered by ‘yes’ or ‘no’ is generally leading, but not if it does not suggest the answer.”

When leading question cannot be asked:

Under section 142 leading questions must not be asked in examination-in-chief, or in re-examination or objected by the adverse party. It may be asked in the examination-in-chief of a witness with the permission of the court. But it can be asked if permitted by the court as to matter which are introductory or which are undisputed or which in the opinion of the court have already been sufficiently proved.

When leading question may be asked:

Section 143 lays down that the leading questions may be put in cross-examination. No leading question is allowed in cross- examination where the facts have already been proved or admitted by the party.