What do you mean by leading Question?
Ans: The provisions of leading Question are provided in Sec 141 -143 of Indian Evidence Act.
Meaning:
The expression ‘Leading Question’ is defined in section 141. It says that question suggesting the answer which the person putting it wishes or aspects to receive is called a leading Question.
In any proceeding, the object of chief Examination is known questioning of witness by the party who called him and to enable the witness to tell court by his own mouth the relevant facts of the case.
Example:
It is relevant to tell the court as to where a witness lives; the question to be asked to him should be ‘Where do you live’? And then he may tell where he lives. If the question is framed like this “ Do you live in such & such place” the witness will pick up the hint and simply answer ‘Yes’.
This is a leading Question. It puts the answer in the mouth of the witness and all that he has to do is to throw it back.
Section 143:
In what cases leading Question must not asked –
Leading Question must not if objected by the adverse party, be asked in a examination, except with the permission of the court.
The courts shall permit leading question as to matters which are introductory or undisputed or which have in its opinion, been already sufficiently proved.
Section 143:
When they may be asked
Leading Question may be asked in cross examination
Leading Question to Hostile Witness-
Where a witness makes statements against the interest of the party who had called him, he is known as a hostile witness. This makes it is known as a hostile witness. This makes it necessary that he should be cross examined by the very party who has called him so as to demolish his stand. This can only be done with the permission of court as per section 154, which means leading question may be asked to him.
Varkey Joseph V/S State of Kerala (1993)
The Supreme Court held that the prosecutor ought not to be allowed to frame question in such a manner which the witness may answer in yes or no as to enable him ellict. Such answer, which he expects or desires.
It also held that allowing such leading question would offend the right of accused and violate the procedure of Fair Trial enriched.
Accordingly, the provision of leading question is provided in Evidence Act to find the truth in cross examination and they are not allowed to ask, so as to protect the right of accused of a fair trial as enriched in article 21.
Examples of Leading Questions-
- You were at ROMY ‘s house on the night of July 15, weren’t you ?
