leading question

A leading question puts the desired answer into the witness’s mouth, for example “Did you see the accused stab him with a knife?” instead of “What did you see?”. If objected to by the adverse party, it must not be asked in examination-in-chief or re-examination, except with the court’s permission on matters that are introductory, undisputed or already sufficiently proved.

Leading questions may be asked in cross-examination, since the witness there is the opponent’s. A party may also lead his own witness if the court declares the witness hostile and permits cross-examination.

Example

Defence counsel objected that “You saw the accused at the gate at 9 pm, didn’t you?” was a leading question in examination-in-chief.

In Indian law

• Bharatiya Sakshya Adhiniyam, 2023 (provisions corresponding to old ss.141 to 143 Evidence Act)

See also

examination-in-chief · cross-examination · hostile witness · re-examination

Read more in the study notes

• Leading questions, lawful questions in cross-examination and compulsion to answer (Bharatiya Sakshya Adhiniyam)
• Examination-in-chief, cross-examination and re-examination (Bharatiya Sakshya Adhiniyam)
• Hostile witness and impeaching the credit of a witness (Bharatiya Sakshya Adhiniyam)
• Client counselling, court-room situations and communication games (Business Communications)
• Statistics: meaning, scope, limitations and collection of data (Business Statistics)
• Legal words and their usage: Kidnap to Witness (English)