The concept of leading questions is addressed in S 146 of Bharatiya Sakshya Adhiniyam. Here’s a detailed explanation of the concept, along with examples:
Definition and Legal Basis
Leading Question:
- A leading question is one that suggests the answer desired by the questioner, typically by putting words into the mouth of the witness.
- Section 146(1) of BSA defines leading questions as: "Any question suggesting the answer which the person putting it wishes or expects to receive is called a leading question."
- Leading questions are generally not allowed during the examination-in-chief (the initial questioning of a witness by the party who called the witness) or re-examination unless they relate to matters which are introductory or undisputed, or which have already been sufficiently proved.
- Leading questions are allowed during cross-examination (questioning of a witness by the opposing party).
