Question

While recording evidence in the court of law, lawyer asked the witness, "Were you present when A killed B?", and the witness answered "yes". This type of questioning is permitted in?

• A. Examination in chief
• B. Direct examination
• C. Redirect examination
• D. Cross examination

Hint:

A leading question that presupposes a fact is the hallmark of a specific type of court examination -- identify which type allows such questioning.

Answer 1

The Correct Option is D

Step 1: Identify the type of question. The question asked -- "Were you present when A killed B?" -- is a leading question because it suggests the desired answer within the question itself (it presupposes that A killed B).

Step 2: Rules regarding leading questions in court.
- Examination in chief (Direct examination): Conducted by the lawyer who called the witness. Leading questions are generally NOT permitted during examination in chief as per Section 143 of the Indian Evidence Act.
- Cross examination: Conducted by the opposing lawyer. Leading questions ARE permitted and are the hallmark of cross examination. The purpose is to challenge the credibility of the witness and extract admissions.
- Redirect (Re-examination): After cross examination, the original lawyer may re-examine; leading questions are generally not permitted.

Step 3: Conclusion. The leading question described is permitted in cross examination.