Leading Questions: Section 146 BSA 2023 and Former Section 141 Evidence Act
A leading question suggests the answer the questioner wants or expects from a witness. Indian evidence law defines leading questions and regulates when they may be asked during examination of witnesses.
Meaning and definition of a leading question
Under Section 146(1) of the Bharatiya Sakshya Adhiniyam, 2023, a leading question is a question that suggests the answer the person asking it wishes or expects to receive. This carries forward the definition formerly found in Section 141 of the Indian Evidence Act, 1872.
For example, “You saw the accused at the shop at 8 p.m., did you not?” suggests an affirmative answer. By contrast, “What did you see at the shop?” allows the witness to give an answer without that suggestion.
When are leading questions allowed?
| Stage of examination | Rule under Section 146 BSA |
|---|---|
| Examination-in-chief | If the adverse party objects, leading questions cannot be asked without the court's permission, subject to the introductory, undisputed or sufficiently proved matters covered by subsection (3). |
| Re-examination | The same restriction applies if the adverse party objects; permission of the court is required except as permitted by the statutory rule. |
| Cross-examination | Leading questions may be asked under Section 146(4), subject to other applicable evidentiary safeguards and the court's control of questioning. |
Section 146(2): Examination-in-chief and re-examination
When the opposing party objects, a leading question must not be put in examination-in-chief or re-examination without the court's permission. This restriction helps witnesses give their own account rather than simply agree with facts suggested by the examining lawyer.
Section 146(3): Introductory and undisputed matters
The court shall permit leading questions on introductory matters, facts not in dispute, or facts that the court considers already sufficiently proved. Questions confirming a witness's name or other uncontested background details are common examples.
Section 146(4): Cross-examination
Leading questions may be asked in cross-examination. They are commonly used to test the witness's account, probe inconsistencies and obtain precise responses. Permission to ask leading questions does not remove other restrictions on improper or irrelevant questions.
Examples of leading and non-leading questions
| Leading question | More open-ended alternative |
|---|---|
| “The traffic signal was red, wasn't it?” | “What colour was the traffic signal?” |
| “The defendant signed the agreement in your presence, correct?” | “What happened when the agreement was signed?” |
| “You reached the office at 9 a.m., didn't you?” | “At what time did you reach the office?” |
Whether a particular question is objectionable depends on the stage of examination, its context, the existence of an objection and the court's permission where required.
Old and new section numbers
The earlier Indian Evidence Act separated the definition and the rules about asking leading questions into three sections. The BSA places them together in Section 146:
- Former Section 141: Definition of leading questions — now Section 146(1).
- Former Section 142: Restrictions during examination-in-chief and re-examination, with exceptions — now Sections 146(2) and 146(3).
- Former Section 143: Leading questions in cross-examination — now Section 146(4).
The BSA's repeal-and-savings provisions must be considered when dealing with proceedings pending before its commencement; the applicable law in a particular proceeding should not be determined from the hearing date alone.
Related provisions governing witness examination
Section 142 BSA defines examination-in-chief, cross-examination and re-examination. Section 143 BSA sets out their order and scope. Section 148 BSA concerns cross-examination on previous written statements, while Section 149 BSA addresses questions lawful in cross-examination. These provisions should be read together with Section 146.
Official statutory sources
Read the Bharatiya Sakshya Adhiniyam, 2023 (India Code, official PDF) and the National Crime Records Bureau's BSA section index for the statutory framework. The historical provision can also be explored through the site's Indian Evidence Act, 1872 guide.
Frequently asked questions
What is a leading question under Indian evidence law?
It is a question suggesting the answer the questioner wishes or expects to receive, as defined in Section 146(1) BSA.
Can leading questions be asked in cross-examination?
Yes. Section 146(4) BSA permits leading questions in cross-examination, subject to other legal restrictions on questioning.
Is Section 141 of the Indian Evidence Act still the current provision?
Section 141 is the former provision. The corresponding current definition is in Section 146(1) BSA, subject to the savings rules relevant to older pending proceedings.
Disclaimer: This article is for general legal information and does not replace advice on the facts and procedural status of a particular case.