The way questions are framed can seriously influence the outcome. One type of question is said to be a leading question, which can affect the reaction of witnesses and parties indulged in the case. The rules relating to leading questions are important for maintaining just and integrity of the legal process.
What is a Leading Question?
Section 146 of Bharatiya Sakshya Adhiniyam,2023(BSA) talks about a Leading Question.It says that a question is leading when it suggests the answer the questioner wishes to receive.Leading Questions tend to put words in the mouth of the witness rather than letting them to freely express their own observations or recollections.
For example,asking a witness, “Is the plaintiff your brother?” already assumes an answer.
CONDITIONS FOR ASKING LEADING QUESTIONS
It is prohibited to ask Leading Questions during the Examination-in-Chief or Re-Examination if the adverse party puts an objection.
LEADING QUESTIONS IN CROSS EXAMINATION
The use of Leading Questions during cross-examination are permissible.They are permitted without even requiring court permission or objection from the adverse party. Additionally, if a witness becomes a hostile witness as if they are not cooperative or contradicting their earlier statements,the party conducting the examination can resort to Leading Questions.The rationale behind doing this is to evaluate the authenticity, credibility, and overall value of the witness’s evidence.
Key Components
- Definition: A leading question is made to guide the respondent toward a particular answer, by influencing their reply.
- Examination-in-Chief and Re-examination: Leading questions are not permitted during examination-in-chief or re-examination unless the court gives permission.
- Cross-Examination: Leading questions are allowed during cross-examination, where the goal is often to challenge the adverse party’s testimony or credibility.
Exceptions
Leading questions can be allowed in examination-in-chief and re-examination under few exceptions-
- Introductory Matters : Leading questions may be permitted when they are related to introductory matters, essentially setting the stage for the witness’s testimony.
- Undisputed Facts : 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 allow the use of leading questions.
Examples
- Permissible: During cross-examination, a lawyer might ask, “You were at the crime scene of the accident, weren’t you?” This is a leading question as it suggests the answer and is intended to confirm an established fact.
- Impermissible: During examination-in-chief, when asking, “Isn’t it true that you saw the defendant at the scene?” could be considered as a leading question unless the court permits it, as it suggests the answer.
Why is This Important?
By properly applying the rules about leading questions makes sure that witness testimonies remain authentic and unbiased. It helps in maintaining a just and fair legal process where evidence is presented and tested properly , without undue influence from the questioner.
Sections 146 of the Bharatiya Sakshya Adhiniyam,2023(BSA) regulate the use of Leading Questions in legal proceedings of the court. These sections aim to make a harmony between allowing advocates to properly examine witnesses and by making sure the fairness and authenticity of witness testimonies.Leading Questions under BSA,are restricted in Examination-in-Chief and Re-Examination only, they find more freedom in Cross-Examination, especially when the witness becomes uncooperative or when dealing with introductory or undisputed matters. These rules are made to promote a just and effective process of witness questioning within the Indian legal system, ultimately contributing to the pursuit of justice.
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