Section 141 of the Indian Evidence Act, 1872 deals with leading questions. A leading question is one which suggests the answer or puts words in the mouth of a witness. It is a question that prompts or encourages a witness to give a particular answer.

Under the Indian Evidence Act, a leading question is defined in Section 142. According to Section 142:

“Leading questions are those that suggest to the witness the answer that the person posing the question desires. Leading questions are generally prohibited, but they are allowed in the cross-examination of a witness and in the examination of a witness who is declared hostile.”

In essence, leading questions are questions that guide or prompt the witness to answer in a specific way, often suggesting the desired answer. While they are generally not allowed during the examination-in-chief (the initial questioning of a witness by the party who called the witness), they are permitted in certain circumstances, such as during cross-examination or when a witness is declared hostile by the party who called them.

Under the Indian Evidence Act, Section 143 specifies the essentials for asking leading questions. According to Section 143:

“Leading questions must not, if objected to by the adverse party, be asked in an examination-in-chief or in re-examination, except with the permission of the Court.”

Therefore, the essentials for leading questions are:

1. Objection by the Adverse Party: If the adverse party objects to the asking of leading questions during examination-in-chief or re-examination, then the questions should not be asked unless the court grants permission.
2. Permission of the Court: The court has the authority to allow or disallow the asking of leading questions. If the adverse party objects, the party seeking to ask leading questions must seek permission from the court before proceeding.

In accordance with Section 141 of the Indian Evidence Act, 1872, the use of leading questions is subject to specific circumstances. Leading questions are permitted under the following conditions:

1. Examination of an Incapable Witness: Leading questions may be employed when examining a witness who is deemed incapable of providing a coherent response without the aid of such questions. This often includes individuals such as children or those with mental challenges, where the nature of their understanding requires guidance through leading queries.
2. Examination of a Hostile Witness: Another situation allowing the use of leading questions arises when dealing with a hostile witness. A hostile witness is one who demonstrates an adverse stance toward the party that called them a witness. In such instances, leading questions are permitted to extract information effectively.
3. Examination of an Expert Witness: Leading questions are generally admissible during the examination of an expert witness. This recognizes that experts possess specialized knowledge, and leading questions may be necessary to elicit precise and relevant information.

Certainly, here are a few examples of leading questions:

In a Criminal Trial:

• Non-leading question: “Can you describe what you observed at the scene?”
• Leading question: “Isn’t it true that you saw the defendant at the crime scene around midnight?”

In a Civil Dispute:

• Non-leading question: “Please explain the events that led to the contract being terminated.”
• Leading question: “Did the breach of contract by the other party force you to terminate the agreement?”

With a Child Witness:

• Non-leading question: “What did you do after school?”
• Leading question: “Did you go to the park after school, as your teacher told you to?”

In a Hostile Witness Situation:

• Non-leading question: “Can you recall the details of your conversation with the plaintiff?”
• Leading question: “Isn’t it true that you refused to cooperate during the conversation with the plaintiff?”

During Expert Testimony:

• Non-leading question: “Can you explain the chemical properties of this substance?”
• Leading question: “Would you agree that the substance’s volatility is a crucial factor in its chemical properties?”

Conclusion:

Leading questions are designed to guide or suggest specific answers, potentially influencing the response of the witness. It’s important to note that the permissibility of leading questions depends on the context, as outlined by Section 141 of the Indian Evidence Act. However, it’s crucial to note that in all other cases not falling under these specified circumstances, the use of leading questions is restricted during examination-in-chief or re-examination. This limitation is in place to prevent the questions from unduly influencing or shaping the testimony of the witness by suggesting answers. The aim is to maintain the integrity of the witness’s account and ensure a fair and impartial legal process.