Section 146 Bharatiya Sakshya Adhiniyam, 2023: Leading questions

Section 146 of Bharatiya Sakshya Adhiniyam, 2023: Leading questions

Official Bare Act Text

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(1) Any question suggesting the answer which the person putting it wishes or expects to receive, is called a leading question.

(2) Leading questions must not, if objected to by the adverse party, be asked in an examination-in-chief, or in a re-examination, except with the permission of the Court.

(3) The Court shall permit leading questions as to matters which are introductory or undisputed, or which have, in its opinion, been already sufficiently proved.

(4) Leading questions may be asked in cross-examination.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Court Sec 2(1)(a) Evidence Sec 2(1)(c) Proved Sec 2(1)(f)

Legal Commentary & Landmark Judgments: Section 146

Section 146 defines Leading Questions and regulates the circumstances under which leading questions may or may not be asked.

Penal Consequences & Liability: Section 146 (formerly Sections 141, 142, and 143 IEA) defines a leading question as any question suggesting the answer which the person putting it wishes or expects to receive.
Core Legal Standard: 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.

The Court shall permit leading questions as to matters which are introductory or undisputed, or which have, in its opinion, been already sufficiently proved. Crucially, leading questions may freely be asked in cross-examination.

Key Landmark Precedents:

Varkey Joseph v. State of Kerala (1993) Supp (3) SCC 745: Held that leading questions cannot be put in examination-in-chief on material facts to put words into the mouth of the witness; doing so undermines a fair trial.
State of Rajasthan v. Ani (1997) 6 SCC 162: Affirmed the absolute right of defense counsel to put leading questions during cross-examination to test witness veracity.

Legal Commentary:

Section 146 prevents examiners-in-chief from feeding answers to friendly witnesses, while empowering cross-examiners to pin down slippery witnesses through pointed, suggestive leading questions.