Bharatiya Sakshya Adhiniyam, 2023
Section 146
Leading questions
(1) Any question suggesting the answer which the person putting it wishes or expects to receive, is called a leading question.
(2) Leading questions must not, if objected to by the adverse party, be asked in an examination-in-chief, or in a re-examination, except with the permission of the Court.
(3) The Court shall permit leading questions as to matters which are introductory or undisputed, or which have, in its opinion, been already sufficiently proved.
(4) Leading questions may be asked in cross-examination.
Why this exists
The rule comes from long-standing evidence law principles (carried over from the Indian Evidence Act, 1872) meant to ensure that a witness's testimony reflects their own memory and knowledge, not words put into their mouth by a friendly lawyer. Restricting leading questions during examination-in-chief protects the reliability of testimony, while allowing them in cross-examination lets the opposing lawyer test and challenge the witness's story effectively.
How courts read it
Indian courts, interpreting the identical provisions earlier found in Sections 141–143 of the Evidence Act, 1872, have consistently held that the bar on leading questions in examination-in-chief is a safeguard against coaching a witness, but is a rule of practice rather than an absolute rule — courts have discretion to permit such questions on formal, undisputed, or already-established facts to save time. Cross-examination has been treated as the arena where leading questions are the norm, since its purpose is to test credibility and expose weaknesses in the witness's account.
Common misconceptions
- Myth: Leading questions are always banned in court.
Fact: They are only restricted during examination-in-chief and re-examination when objected to; they are freely allowed during cross-examination. - Myth: A judge must always block a leading question if the lawyer asks one.
Fact: The court has discretion to permit leading questions even in examination-in-chief for introductory, undisputed, or already-proved matters, and can allow them if no objection is raised.