Leading Questions

Section 141 to Section 143 of Chapter -X, Part III of the Indian Evidence Act 1872 deals with
leading questions. Section 142 and Section 143 provides circumstances under which the leading
Questions may be asked or may not be asked. Leading Questions have been defined under section
141 of the Indian Evidence Act 1872.

Meaning:

The expression "Leading Questions" literally means a question which itself suggest answer. As
expected by the person asked the same, any questions which leads to answer, or a question which is
pregnant with the answer.

Definition:

Section 141 of the Indian Evidence Act 1872 defines 'Leading Questions' as, “Any questions
suggesting the answer which the person putting it wishes or expects to receive is called a leading
question."

Bentham:

Bentham defines leading questions as," A question is a leading one, when it indicates to the
witness the real or supposed fact which the examiner expects and desires to have confirmed by the
answer.

Examples

a) Is your name so and so?

b) Do you reside in such and such a place?

c) Are you not in service of such and such person?

d) Have you not lived with him for so many years?

e) Did you see him enter X's office and take a file?
 It is clear that under this form every sort of information may be conveyed to the witness in
disguise. It may be used to prepare him to give the desired answers to the questions about to be put
to him; the examiner, while he pretends ignorance and is asking for information is, in reality, giving
instead of receiving it.

Taylor:

According to Taylor "A Leading question, in other words, is one which suggests to the witness
the answer desired or which embodying a material fact, admits of a conclusive answer by a simple
negative or affirmative."

It is a question framed in such manner that it throws a hint as to or suggests directly

indirectly, the answer which the examiner desires to elicit from the witness, e.g., when a witness
called to testify to an alleged assault on A by B is asked, " Did you see B take a stick and Strike A "? Or
did you not hear him say this.

When leading Questions must not be asked?

According to Section 142 of Indian Evidence Act, leading questions may not be asked in
Examination-in-chief, or in a Re-examination, except with the permission of the Court.

Section 142 run as follows:

Leading questions must not, if objected to by the adverse party, be asked in an examination-
in-chief, or in re-examination, except with the permission of the Court.

The court shall permit questions as to matters which are introductory or undisputed or which
have, in its opinion been already sufficiently proved.

When Leading Questions may be asked?

Leading questions may be asked in the following cases.

1) According to Section 143 of the Indian Act, Leading Questions may be asked in cross-examination.

2) Under Section 142- In Examination-in-chief, Leading questions can only be asked with the
permission of Court in certain matters.

3) When the witness has defective memory, it may be agitated by a few leading questions.

4) When the object of the leading question is to contradict another witness as to the expressions
used by him but at which denies having asked, the witness may be asked leading questions.

Objection to Leading Questions:

Objection to leading question is not that they are illegal but only that they are unfair. The
rule excluding leading questions is intended to prevent unfairness in the conduct of the inquiry. The
Act gives absolute discretion to the court to allow or disallow leading questions.

(Vaskey Joseph v. State of Kerala, 1993 Cri. L. J. 2010)The Supreme Court has held that the
prosecutor cannot put leading questions on a material part of the evidence which a witness intends
to give against the accused. Such leading questions would offend the right of the accused to a fair
trial, enshrined in Art. 21 of the Constitution of India.

(Sri L. P. v. Inspector General of Police, 1954 A.L.J. 316)

If the Court makes a general order that no leading questions would be allowed in cross-examination,
such an order is illegal and vitiates the trial.

Barindra v. R[13], it was held that the court has to determine, and not the counsel, whether a
leading question should be permitted and the responsibility for the permission rests with the court

In Prakash v. State of Maharashtra[30], it has been held that no scandalous question should be put
unless there are reasonable grounds to believe them to be true.