Under the Indian Evidence Act, 1872, leading questions are permissible in certain circumstances, particularly during cross-examination. Leading questions are those that suggest the desired answer or contain information that the questioner wants to introduce.
Definition and Purpose
A leading question is one that leads or prompts the witness to provide a specific answer. It generally suggests the answer or contains information that the questioner wants to introduce. Leading questions are typically used to control the line of questioning and elicit specific responses from the witness.
Leading Questions during Cross-Examination
During cross-examination, leading questions are generally permitted. Cross-examination is an opportunity for the opposing party or their counsel to challenge the witness’s testimony, explore inconsistencies, and test their credibility. Leading questions help the cross-examiner to achieve these objectives by guiding the witness towards the desired response or highlighting specific facts.
Leading Questions in Examination-in-Chief and Re-Examination
In the examination-in-chief, which is the initial questioning of a witness by the party who called them, leading questions are generally not allowed. The purpose of the examination-in-chief is to elicit the witness’s version of the events and present their testimony in a narrative form.
During re-examination, which follows the cross-examination, leading questions are generally not encouraged either. Re-examination is an opportunity for the party who called the witness to clarify any ambiguities or inconsistencies raised during cross-examination and provide additional explanations or context.
Discretion of the Court
While the Indian Evidence Act allows for the use of leading questions during cross-examination, the court has the discretion to intervene and control the questioning. The court may disallow leading questions that are improper, misleading, or irrelevant to the case. The judge ensures that the examination is conducted fairly and within the bounds of the law.