Section 142 of the Indian Evidence Act: When Leading Questions Must Not Be Asked
The former Section 142 of the Indian Evidence Act, 1872 restricted leading questions during examination-in-chief and re-examination. The corresponding current rules appear in Section 146(2) and 146(3) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
What is 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. For example, asking a witness, "The traffic signal was red when the car crossed, was it not?" suggests a particular answer. By contrast, "What colour was the traffic signal?" is generally open-ended.
Former Section 142: When leading questions must not be asked
Section 142 of the Indian Evidence Act, 1872 provided that leading questions must not, if objected to by the adverse party, be asked in examination-in-chief or re-examination except with the permission of the Court. It also required the Court to permit leading questions on matters that are introductory, undisputed or, in the Court's opinion, already sufficiently proved.
Current law: Section 146(2) and (3) of the BSA
Section 146(2): Restriction where the adverse party objects
When the opposing party objects, a leading question ordinarily cannot be put during examination-in-chief or re-examination without the Court's permission. This protects the witness's independent account and reduces the risk of answers being suggested by the examining advocate.
Section 146(3): Questions the Court shall permit
The Court shall permit leading questions concerning introductory or undisputed matters, or matters that the Court considers sufficiently proved. Examples may include confirming the witness's name, occupation or an admitted date, where the circumstances satisfy the statutory rule.
Rules at different stages of witness examination
| Stage | Applicable rule |
|---|---|
| Examination-in-chief | If the adverse party objects, leading questions require the Court's permission; Section 146(2)-(3). |
| Cross-examination | Leading questions may be asked; Section 146(4), subject to other applicable controls over questioning. |
| Re-examination | The restriction and permitted exceptions under Section 146(2)-(3) apply. |
Practical examples of leading questions
- Potentially objectionable in examination-in-chief: "The accused was carrying a knife, correct?" This suggests the factual answer in dispute.
- Generally non-leading alternative: "What, if anything, did you see in the person's hand?"
- Introductory question: "You are employed at the district hospital, correct?" The Court shall permit leading questions on introductory matters within Section 146(3).
- Cross-examination: "You were standing behind a wall and could not see the entrance, correct?" Section 146(4) permits leading questions in cross-examination, subject to other rules.
How does an objection work?
The adverse party may object when a leading question is put during examination-in-chief or re-examination. The Court then determines whether the question may be asked, including whether the matter is introductory, undisputed or sufficiently proved. The statutory restriction is expressly conditional on objection, and the Court's permission is central to its operation.
Related provisions and official legal sources
Read the Bharatiya Sakshya Adhiniyam, 2023 (official India Code PDF), particularly Section 142 (examination of witnesses), Section 143 (order of examinations) and Section 146 (leading questions). For the previous framework, see Indian Evidence Act, 1872, former Section 141 and former Section 143.
Frequently asked questions
Are leading questions always prohibited?
No. The restriction under Section 146(2) applies to examination-in-chief and re-examination when the adverse party objects, subject to the Court's permission. Section 146(4) allows leading questions in cross-examination.
Can a lawyer ask leading questions about undisputed facts?
Yes. Under Section 146(3), the Court shall permit leading questions about introductory or undisputed matters and matters it considers already sufficiently proved.
Does Section 142 of the Indian Evidence Act still govern new proceedings?
The BSA replaced the Indian Evidence Act from 1 July 2024. The equivalent rule is now in Section 146(2)-(3), although transitional and saved proceedings may require consideration of the former law.