I.

INTRODUCTION
II. AIMS AND OBJECTIVES OF STUDY
III. RATIONALE AND SIGNIFICANCE OF RESEARCH
IV. RELEVANT SECTIONS
i. SECTION 141- LEADING QUESTIONS
ii. SECTION 142- WHEN THEY MUST NOT BE ASKED?
iii. SECTION 143- WHEN THEY MAY BE ASKED?
iv. SECTION 154- QUESTION BY PARTY TO HIS OWN WITNESS
V. SIGNIFICANT INDIAN JUDGEMENTS AND PRONOUNCEMENTS
i. VARKEY JOSEPH V. STATE OF KERELA
ii. BARINDRA V. R
iii. MOHINDER SINGH V. STATE
iv. ALAM. V. STATE (N.C.T) OF DELHI
v. FATIMA RISWANA V. STATE
vi. PRAKASH V. STATE OF MAHARASHTRA
vii. HARPAL SINGH V. DEVINDER SINGH
viii. MADANLAL V. STATE OF RAJASTHAN AND ORS
ix. SIDHARTH VASHISHT @ MANU SHARMA V. STATE (NCT OF DELHI)
x. LP V. INSPECTOR GENERAL OF POLICE
VI. ADVANTAGES OF LEADING QUESTION-
VII. RECOMMENDATIONS
VIII. CONCLUSION
INTRODUCTION
• BACKGROUND,SCOPE AND NATURE
In this research paper, we will talk about the concept of Leading Questions in accordance to Law
of Evidence. The evidence plays a role of greater importance in the civil as well as criminal case.
The application of Indian Evidence Act, 1872 will be on the judicial proceedings which are
defined under 2(i) of the Code of Criminal Procedure and also apply to court martial although
there are some exceptions to it and it is not applicable on arbitration proceedings and affidavits.
If we go back to the Indian history, specifically at the Mughal time period there was no codified
law to decide the admissibility and relevancy of facts in issue by the preview of evidence. The
matter was adjudicated on the basis of customs and usages. Later on the time of Britishers the
Indian Evidence Act, 1872 was passed and India got the codified law

• CONCEPT OF LEADING QUESTIONS

The main objective of conducting an examination is to build-up a factual story and to give effect
to the statement of witnesses. The evidentiary value of witnesses will be of zero value until and
unless witnesses are examined before the court. Under Section 161 of Code of Criminal
procedure the mere recording of statement by the police officer cannot decide the evidentiary
value. That will be considered as a mere statement only until done in before a court of law. The
witness has to go through the procedure as prescribed under the evidence act. Leading Questions
are the part of that procedure itself.

According to Bentham “it is a question which is indicated to the witness in a manner that the
real or supposed fact which the examiner desires to expects and wanted to confirmed with the
witness’’.

According to Stephen also defined Leading question in a manner that – It is a question asked
which assumes the presence of the fact in issue which suggests the desired answer.

Under the Indian Evidence Act, 1872 the concept of leading questions is dealt. It is contained
under Section 141 to 143 in chapter 10 of Part III. It is a type of questions in which the answer is
itself indicated or contained and the answer is hinted directly or indirectly.E.g- The Attorney
asked question -The respondent had a corporate firm which he is running by a mala fide
intention, correct? And later that intention is used to do murder, correct? It is a effective
technique used by the examiners who asks question to get the witness validated in their favour.
Leading question gives us the accuracy and correctness of evidence.

RELEVANT SECTIONS
INDIAN EVIDENCE ACT, 1872[1]
SECTION 141- LEADING QUESTIONS
This section deals with the definition part of leading question. Leading question is which
suggests the answer which the person putting that question is expecting to receive. The question
itself denotes the answer in it. The question indirectly points at the answer or may be it can be
directly sometimes.E.g- Advocate asked other party that on the night of 15th January you was
with your friend or not? Importance part is the indication and hint towards the answer. Normally
the answer is given in Yes or No most of the times. The main purpose to ask the leading question
is that if the questioner trapped the victim in questions in such a way that witness contradicted
his own previous statements then, the truth or lie can easily be ascertained. The reliability of
witness has to be known to court for the fair adjudication of method. Discovery of truth is the
main object after examining the witness.

SECTION 142- WHEN THEY MUST NOT BE ASKED?

This section tells us if there is some objection by the adverse party that question couldn’t be
asked in examination in chief and also it cannot be asked in re examination. Only it can be asked
when there is approval of court. Court can overrule the objection of adverse parties. It is on the
discretion of court that it overrides the objection or not based upon the various circumstances but
in the matters which are introductory in nature, settled and already sufficiently proven the court
must permit the question and overrule the objection. Three exceptions has been given under this.
In those three exceptions the there is no discretionary power given to the court of law and
questioner can ask without any boundations.
SECTION 143- WHEN THEY MAY BE ASKED?
Court cannot deny the asking of leading questions in the matter of cross examination. There is no
discretionary power up to the court to overrule the objection of opposite party in cross
examination. They can be asked until opposite party challenges are there in examination in chief
and re examination. Thus, court of law can override the objection. When the case is of
undisputed nature, the case in question has already been proved sufficiently and when the nature
is introductory court can’t overrule the objection.

SECTION 154- QUESTION BY PARTY TO HIS OWN WITNESS

Under this section, the person who called the witness and if he didn’t support the proceedings.
Then, he can be declared as hostile with the permission of court. After court declared the person
as hostile the other party is given permission for the cross examination right to that party who
has done examination in chief earlier. Then the question arises that the right to cross examine has
been given to them but what will be the benefit to the person who called his own witness. The
legislation has not used the word hostile is exact language..Leading Question can be asked in
Sec. 154 in examination in chief when witness is hostiled court can give permission to continue
further.

Objection to Leading Questions:

Objection to leading question is not that they are illegal but only that they are unfair. The rule
excluding leading questions is intended to prevent unfairness in the conduct of the inquiry. The
Act gives absolute discretion to the court to allow or disallow leading questions.

SIGNIFICANT INDIAN JUDGEMENTS AND

PRONOUNCEMENTS
1. VARKEY JOSEPH V. STATE OF KERELA
It is a case of Sec.142 of Indian Evidence Act, 1872.This case talks about the infringement of
Article 21 of the Constitution of India. It is not permissible that questioner is asking questions in
a way that witness can answer is yes or no that enabling the witness to elicit such answers. This
will be regarded as violation of Art.21.His personal life and liberty will be considered as harmed.
The question cannot be asked in a manner that its answer can be given in only yes or no. This
infringes right to fair procedure and trial.
2. BARINDRA V. R
It was held in the case that court should be there to ensure the validity of a leading question
whether it can be asked or not. Court must present to check the permissibility of the question. It
is the court who determines the validity of leading question not in the hands of the counsel who
is asking the leading question.
3. MOHINDER SINGH V. STATE
It was held that the trial judge can’t permit to ask the question which is cantankerous, irrelevant
and scandalous in nature. Question shall also not represent the ill nature and inadmissible
answers. The procedure of court should not be delayed by leading question. No hindrance should
be there.

4. ALAM. V. STATE (N.C.T) OF DELHI

In this case the court emphasized on humiliating is not the objective of cross examination of a
rape victim. Deriving the truth out of the questions is the main concern. The questions which
cause the feeling of awkwardness and discomfiture and the questions which are of no relevance
are prohibited to be asked from the victim of sexual abuse. This violates the purpose of justice.
5. FATIMA RISWANA V. STATE
This case was associated with the commission of offences related to the pornographic material.
Supreme Court was of view that the presiding officer should make the procedural arrangements
to control and adjustment of the embarrassing questions, if the embarrassment occurred to the
witnesses, accused both female and male officers and any other decent person.
6. PRAKASH V. STATE OF MAHARASHTRA
Decency and decorum must be maintained while putting the leading questions. They can only be
permitted if that question has reasonable grounds to think that may be true. Further the court
pursued that scandalous questions are prohibited.
7. HARPAL SINGH V. DEVINDER SINGH
The Supreme Court upheld that to diminish the proliferation of evidence the prosecution has
prudence to not to examine certain witness. On examination of the material evidence cannot lead
to the opposite illation.
8. MADANLAL V. STATE OF RAJASTHAN AND ORS
In this case of criminal trial, the leading questions were permitted to be asked to the witness
when there was absence of defence counsel during examination-in-chief. Court held that it leads
to an unfair trial and against the tenor of Sec.142 of IEA. There must be presence of defence
prosecution when leading questions took place during examination-in-chief.
9. SIDHARTH VASHISHT @ MANU SHARMA V. STATE (NCT OF DELHI)
It is not correct to say that a one leading question resulted in invalidity of the whole trial.
Different circumstances will decide the impact of leading question. Single question can’t decide
the effect.
10. LP V. INSPECTOR GENERAL OF POLICE
Purpose of the leading questions was discussed that to test accuracy and credibility .Court also
emphasized that leading questions plays a very important role in evidentiary part to elicit facts
for solving the case. The order will be considered illegal if it says that leading questions in cross
examination are restricted.

ADVANTAGES OF LEADING QUESTION-

i. The first main benefit of the leading question is to save the timings of the court. Leading
questions are to avoid the debate on trivial matters. Useful Conclusions must take place for
fair proceedings. The court has a very busy schedule and if the time is expanded the party
can make excuses of the need to go and can escape from the important proceedings to
adjudicate the matter. The elimination or irrelevant debate is essential. Leading question
plays biggest role to conserve the timings and separates the unnecessary and useless
matters.
ii. Another important benefit to ask such question is that the court must lead in a specific and
meaningful direction. The goal of the proceeding must be set to go in a evident direction.
iii. Leading question takes us to the root of the main issue in question. Hidden assumptions
may be uncovered the complex situations with the help of cause and effect and logical
analysis of deductions. Sometimes in the proceedings the discussion happens for very long
without even discussing the main root of problem.