By what name is any question suggesting the answer which the person putting it wishes or expects to receive, called under the Indian Evidence Act?

Question: By what name is any question suggesting the answer which the person putting it wishes or expects to receive, called under the Indian Evidence Act? [U.P.C.J., 2004, U.K.C.J. 2002, W.B.C.J. 1992, HR.J.S. 1998, BIHAR J., 1991]

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Answer

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

A ‘leading question’ is one which suggests to the witness the answer which it is desired he should give (i.e. the question carry an in-built answer in it).

A question is leading one when it indicates to the witness the real or supposed fact which the examiner expects and desires to be confirmed by the answer. But if it merely suggests a subject, without suggesting an answer or a specific thing, it is not leading.

Thus, the following are the instances of leading questions: Is not your name so and so? Do you not reside in such and such place? Are you not in the service of such and such a person?

All these questions put the answers in the mouth of the witness and all that he has to do is to throw them back. Thus, a question – “where do you live” is not a leading question. It may be noted that the leading questions are by no means limited to those which may be answered in ‘yes’ or ‘no’.

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