Question

Leading questions can be asked during

• A. Re-examination
• B. Examination-in-chief
• C. Cross-examination
• D. None of these

Hint:

A simple way to remember this rule: You cannot lead your own witness, but you can lead the other side's witness. The purpose of cross-examination is to challenge, and leading questions are a primary tool for that.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The question is about the stage of a witness's examination in court during which "leading questions" are permissible. A leading question is one which suggests the answer the questioner wishes to receive.
Step 2: Key Formula or Approach:
The rules are laid out in the Indian Evidence Act, 1872.
- Section 141 defines a leading question.
- Section 142 states that 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.
- Section 143 states: "Leading questions may be asked in cross-examination."
Step 3: Detailed Explanation:
The law has a clear demarcation:
- In Examination-in-chief (when a lawyer questions their own witness) and Re-examination, the goal is for the witness to tell their story in their own words. Leading questions are disallowed as they would allow the lawyer to put words in the witness's mouth.
- In Cross-examination (when a lawyer questions the opposing party's witness), the goal is to test the veracity of the witness's testimony and discredit them. The law permits the use of leading questions as a tool to control the witness and elicit specific admissions or contradictions.
Step 4: Final Answer:
Leading questions can be asked during Cross-examination.

Answer 2

The question asks at which stage of a witness examination leading questions, ones that suggest their own answer, may be asked. Let's evaluate each stage under the Indian Evidence Act, 1872.

1. Re-examination: Section 142 bars leading questions in re-examination unless the court permits them, because re-examination is meant to let a party's own witness clarify matters raised in cross-examination in their own words, not be guided by the questioner.
2. Examination-in-chief: Section 142 similarly bars leading questions here, again subject to the court's permission, since the whole point of examination-in-chief is for the witness to narrate facts independently rather than have the advocate supply the answer.
3. Cross-examination: Section 143 expressly departs from this bar and states that leading questions may be asked in cross-examination. The purpose of cross-examination is to test and challenge the witness, so the law gives the cross-examining party the latitude to frame pointed, suggestive questions.
4. None of these: Since cross-examination is expressly carved out under Section 143 as a stage where leading questions are freely permitted, this option is factually incorrect.

Since Sections 141 to 143 draw a clear line, leading questions are barred in chief and re-examination but permitted in cross-examination.

Therefore, the correct answer is Cross-examination.