Leading questions.
What this section does
A leading question is one that suggests the answer the questioner desires. Such questions are generally prohibited in examination-in-chief and re-examination if objected to by the adverse party, but the Court may permit them for introductory, undisputed, or already-proved matters. Leading questions are freely permitted in cross-examination.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
The rule in one line
Leading questions are barred in examination-in-chief and re-examination (if objected to) but are freely allowed in cross-examination.
When it applies
- Asking a witness 'You saw the accused strike the victim, didn't you?' during examination-in-chief is a leading question and must not be allowed if the adverse party objects.
- In cross-examination, counsel may ask 'Isn't it true that you were not present at the scene?' without restriction.
Practitioner note
Corresponds to both IEA ss.141 and 143; the Court's discretion to permit leading questions on undisputed introductory matters is well-established in practice.
Derived from IEA s.141.
Read the official text
For the binding statutory text of BSA Section 146, refer to the Gazette of India or the India Code official website.
Why this matters
BSA Section 146 forms part of Bharatiya Sakshya Adhiniyam which replaced the Indian Evidence Act 1872 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.