Leading Questions in Cross-Examination: Section 143 Evidence Act and Section 146 BSA
Leading questions may be asked in cross-examination. This rule appeared in Section 143 of the Indian Evidence Act, 1872, and is now contained in Section 146(4) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
Section 143 of the Indian Evidence Act, 1872 - When They May Be Asked
Leading questions may be asked in cross-examination.
The provision allowed an advocate questioning an opposing party's witness to frame a question that suggests the expected answer. It should be read alongside the former Section 141 (definition of leading questions) and Section 142 (restrictions during examination-in-chief and re-examination).
Current Law: Section 146 of the Bharatiya Sakshya Adhiniyam, 2023
Section 146(1) - Definition: A leading question is one that suggests the answer the person asking it wishes or expects to receive.
Section 146(2) - Examination-in-chief and re-examination: Where the adverse party objects, leading questions cannot ordinarily be asked in these stages without the Court's permission.
Section 146(3) - Permitted introductory matters: The Court shall permit leading questions on introductory or undisputed matters, or matters it considers already sufficiently proved.
Section 146(4) - Cross-examination: Leading questions may be asked in cross-examination.
Read the official Bharatiya Sakshya Adhiniyam, 2023 (India Code PDF).
Examples of Leading Questions
| Question | Explanation |
|---|---|
| "You reached the junction at 8 p.m., correct?" | Suggests a particular time for the witness to confirm or deny. |
| "The streetlight was not working that night, was it?" | Suggests a specific fact about visibility. |
| "What did you observe at the junction?" | An open-ended question that does not itself suggest a particular answer. |
These are illustrations only. Whether a question is proper depends on the circumstances, relevance and other rules governing examination of witnesses.
When Are Leading Questions Allowed?
| Stage | General rule under BSA Section 146 |
|---|---|
| Examination-in-chief | If objected to, leading questions require the Court's permission, subject to the introductory, undisputed or sufficiently proved matters described in subsection (3). |
| Cross-examination | Leading questions may be asked under subsection (4). |
| Re-examination | If objected to, leading questions require the Court's permission, subject to subsection (3). |
Limits During Cross-Examination
Permission to ask leading questions does not remove other legal controls over questioning. Questions must comply with rules on relevance, lawful cross-examination and protection against improper questioning. Under the BSA, related provisions include Section 149 (questions lawful in cross-examination), Section 152 (questions not to be asked without reasonable grounds), and Section 154 (indecent and scandalous questions).
Section 143 of the BSA governs the order and scope of examination-in-chief, cross-examination and re-examination. Cross-examination need not be confined to matters mentioned in examination-in-chief, but it must concern relevant facts.
Which Law Applies to Older Proceedings?
The BSA repealed the Indian Evidence Act, 1872, with savings for certain proceedings pending immediately before commencement. Section 170 of the BSA should be examined when deciding whether the old Evidence Act continues to govern a particular pending trial, inquiry, investigation, proceeding or appeal. The date and procedural posture of the matter are important.
Frequently Asked Questions
Are leading questions allowed in cross-examination in India?
Yes. Section 146(4) of the Bharatiya Sakshya Adhiniyam, 2023 expressly permits them, subject to other applicable rules governing questioning.
What is the replacement for Section 143 of the Indian Evidence Act?
The corresponding rule is Section 146(4) of the Bharatiya Sakshya Adhiniyam, 2023.
Can a lawyer ask leading questions during examination-in-chief?
If the adverse party objects, the lawyer generally needs the Court's permission. Section 146(3) provides for leading questions on introductory, undisputed or sufficiently proved matters.
Official Legal Reference
Bharatiya Sakshya Adhiniyam, 2023 - Official Act (India Code). For historical reference, see the Indian Evidence Act, 1872 guide.
Legal information for general reference; the applicable statutory text and court orders should be checked for individual proceedings.