Meaning of Leading Questions
A leading question is one that suggests the answer the questioner expects or desires. Under the Indian Evidence Act, 1872, Section 141 defines a leading question as a question that implies a particular answer or contains the facts the examiner wishes the witness to confirm. Leading questions can influence the witness and shape testimony, making them potentially unreliable during examination-in-chief. Because they guide the witness instead of allowing natural narration, leading questions may distort truth or suppress essential facts. The purpose of regulating them is to ensure that testimony remains voluntary and untainted by suggestion. The law therefore restricts their use except under specific circumstances where such guiding is justified.
Rules on When Leading Questions May Be Asked
According to Section 142, leading questions cannot be asked in examination-in-chief or re-examination unless the court permits them. The court may allow leading questions for introductory matters, uncontested facts, or points that merely identify persons or objects. However, during cross-examination, leading questions are expressly permitted as per Section 143, because cross-examination aims to test credibility, expose contradictions, and challenge the witness’s version. The rule balances fairness: it prevents the party calling a witness from coaching them, while empowering the opposing counsel to probe and uncover truth. Courts exercise discretion, ensuring leading questions are not used to mislead, confuse, or intimidate witnesses.
Evidentiary Value and Judicial Approach
Leading questions hold limited evidentiary value when improperly used, especially in examination-in-chief. Courts carefully assess answers to such questions because they may reflect suggestion rather than genuine recollection. However, in cross-examination, leading questions are powerful tools to obtain admissions, highlight inconsistencies, and confront the witness with prior statements. Judicial practice emphasizes that the purpose of regulating leading questions is not to restrict truth seeking but to prevent manipulation. Courts may disallow leading questions that introduce disputed facts without proper foundation. Ultimately, the evidentiary value of answers obtained through leading questions depends on the context, voluntariness, and whether the question was legally permissible under Sections 141–143.
Real-Time Illustration
Consider a theft case where the prosecutor asks a witness: “You saw the accused steal the wallet, didn’t you?” This question directly suggests the answer and is therefore a leading question prohibited in examination-in-chief unless the court allows it. However, during cross-examination, defense counsel may ask: “Isn’t it true that the area was dark and you could not clearly see the person?” This is a valid leading question because it aims to challenge the credibility of the witness. Courts will intervene if leading questions are used to put words into the witness’s mouth or to influence their memory, but will allow them when used to clarify, test, or impeach testimony.
Mnemonic to Remember – “L-E-A-D”
L – Leading questions suggest the answer (Section 141)
E – Exam-in-chief restricts them unless court permits (Section 142)
A – Allowed freely in cross-examination (Section 143)
D – Designed to test credibility, not to mislead
The mnemonic “LEAD” helps recall that leading questions suggest answers, are limited in chief, allowed in cross, and are used to discover truth, not dictate it.
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