Evidence Law Notes for Evidence Law Notes

Posted on

Leading question for Examination of Witness

Leading Question means “a question, which by itself suggests the answer as expected by the person, asked / put the same.

Bentham says “leading question as a question is a leading one, when it indicates to the witness, the real or supposed fact, which is the examiner, expects and desires to have confirmed by the answer.

As for example:

  1. At time of commission of crime you were on the spot?
  2. Did you she Mr. A on the spot?
  3. Have you been friend of Mr. A since long time?
  4. On the spot you did not say anything to accused?
  5. Accused was attacking victims by Khukuri?

When leading question must not be asked:

Generally leading question must not be asked in Examination in Chief or in Re-examination except with permission of the court. The court shall permit leading questions as to matters which are introductory or undisputed or which have in its opinion, been already sufficiently proved.

Objection to leading question:

Adverse party can oppose to ask leading question during the Examination in Chief or Re-examination. Objection to the leading question is not that they are illegal but only that they are unfair. The rule excluding leading questions is intended to prevent unfairness in the conduct of the enquiry. The court has absolute discretion to allow or not leading question.

Top comments (0)