SECTION 141: DEFINING LEADING QUESTIONS
Section 141 is pivotal in understanding what constitutes a Leading Question under Indian Evidence Act.It states that a question is leading when it suggests the answer that the questioner desires to receive. In essence, Leading Questions tend to put words in the mouth of the witness rather than allowing them to freely express their own observations or recollections.
For instance, asking, “Is the plaintiff your brother?” already assumes an answer.
CONDITIONS FOR ASKING LEADING QUESTIONS (SECTION 142)
Section 142 of the Indian Evidence Act sets the conditions under which Leading Questions may be asked. It is prohibited to ask Leading Questions during the Examination-in-Chief or Re-Examination if the opposing party objects. However, there are exceptions,the court may permit Leading Questions in specific situations:
- Introductory Matters : Leading questions may be allowed when they pertain to introductory matters, essentially setting the stage for the witness’s testimony.
- Undisputed Facts : In cases where facts are uncontested, leading questions can be used.
- Court Approval : If the court believes that certain questions have already been established as truthful, it can approve the use of leading questions.
LEADING QUESTIONS IN CROSS EXAMINATION (SECTION 143)
Section 143 of the Indian Evidence Act addresses the use of Leading Questions during cross-examination. In this context, Leading Questions are permitted without requiring court approval or objection from the opposing party. Additionally, if a witness becomes hostile,meaning they are uncooperative or contradicting their prior statements,the party conducting the examination can resort to Leading Questions. The rationale behind this allowance is to assess the accuracy, credibility, and overall value of the witness’s evidence.
Sections 141 to 143 of the Indian Evidence Act collectively regulate the use of Leading Questions in legal proceedings. These provisions aim to strike a balance between allowing advocates to effectively examine witnesses and ensuring the fairness and reliability of witness testimonies. While Leading Questions under Indian Evidence Act,are restricted in Examination-in-Chief and Re-Examination, they find more latitude in Cross-Examination, particularly when the witness becomes uncooperative or when dealing with introductory or undisputed matters. These rules are designed to promote a fair and effective process of witness questioning within the Indian legal system, ultimately contributing to the pursuit of justice.
Reference:-
https://www.ndtv.com/india-news/hc-refuses-to-call-child-victim-with-special-needs-for-re-examination-in-sexual-assault-case-3569970 -THE TIMES OF INDIA
