What Is BSA Section 146?

Bhartiya 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.

Brefe Detail

Section 146 of the Bhartiya Sakshya Adhiniyam, 2023 defines leading questions and sets forth the conditions under which they may be asked during legal proceedings. It outlines that leading questions are those suggesting a specific answer and details when they can be used, particularly highlighting restrictions during examination-in-chief and re-examination, while allowing them in cross-examination.

Question & Answers

Q1: What is a leading question?

A1: A leading question is any question suggesting the answer which the person putting it wishes or expects to receive.

Q2: When must leading questions not be asked?

A2: Leading questions must not be asked in an examination-in-chief or re-examination if objected to by the adverse party, unless the Court permits it.

Q3: Under what circumstances will the Court permit leading questions?

A3: The Court will permit leading questions regarding matters that are introductory, undisputed, or have already been sufficiently proved.

Q4: Can leading questions be asked in cross-examination?

A4: Yes, leading questions may be asked in cross-examination.

Example

• During a trial, a lawyer may ask a witness, "You saw the defendant at the scene of the crime, didn't you?" This is a leading question because it suggests the answer.
• If the opposing party objects to a leading question during examination-in-chief, the lawyer must rephrase the question or seek permission from the Court.
• In cross-examination, a lawyer might ask, "Isn't it true that you have a history of dishonesty?" which is permissible as a leading question.

Summary

Section 146 of the Bhartiya Sakshya Adhiniyam, 2023 establishes the definition and rules surrounding leading questions in legal contexts. It restricts their use in examination-in-chief and re-examination unless allowed by the Court, while permitting them in cross-examination, thereby ensuring a structured approach to questioning in legal proceedings.