Write a short note on the Leading Questions

Question: Write a short note on the leading questions. [U.P.C.J. 2018, B.J. 2014]

Find the answer to the mains question only on Legal Bites. [Write a short note on the leading questions.]

Answer

Section 141 of the Indian Evidence Act defines Leading Questions. It states: Any question suggesting the answer which the person putting it wishes or expects to receive is called a leading question.

The expression “leading question” is defined in section 141. It says that any question suggesting the answer which the person putting it wishes or expects to receive is called a leading question.

A witness should tell the story relating to the relevant facts or facts in the issue in his own words. If there is an inbuilt answer in the question, or if it is suggestive of an answer, a lawyer could construct a story out of the mouth of the witness which suits his client.

If such a question is asked in the examination in chief or in re-examination, the adverse party may object to it. This has been provided in Section 142 and it also states an exception that such leading question may be asked on permission from the court, i.e., the objection is overruled.

Where, for 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 and 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.

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