![]() You want your own witnesses to be clear and persuasive and to give evidence which has a bearing on the case rather than rambling on about other things. It is important to keep in mind that the aim of questioning witnesses is to put evidence before the court which will either positively support your case or minimise the weight of material which is against you. ![]() It gives a chance for further explanation of anything said in answer to cross-examination. It is not to give you “a second bite at the cherry”. The intention of re-examination is simply to let you clarify issues raised in cross-examination. You can ask a witness about any matters relevant to the case.Īfter cross-examination, the first questioner has a chance to re-examine. Cross-examination is not limited to challenge of what the witness has said in their evidence in chief. After that, the other side will have a chance to cross-examine. This stage of having the witness questioned by the party who has asked him to go into the witness box is known as “evidence in chief”. They are then asked questions to bring out the material they know relevant to the matters in dispute. In the Land Court they are normally invited to sit at a table rather than go into any box because it is usual to have to make reference to plans and documents. The witnesses in turn go into the “witness box”. Plain Guide to Litigation : The hearing and subsequent matters The Act gives absolute discretion to the court to allow or disallow leading questions.ġ) When opinions of third persons are relevant.The hearing and subsequent matters: 4. The rule excluding leading questions is intended to prevent unfairness in the conduct of the inquiry. Objection to leading question is not that they are illegal but only that they are unfair. Leading questions may be asked in the following cases.ġ) According to Section 143 of the Indian Act, Leading Questions may be asked in cross-examination.Ģ) Under Section 142- In Examination-in-chief, Leading questions can only be asked with the permission of Court in certain matters.ģ) When the witness has defective memory, it may be agitated by a few leading questions.Ĥ) When the object of the leading question is to contradict another witness as to the expressions used by him but at which denies having asked, the witness may be asked leading questions. The court shall permit questions as to matters which are introductory or undisputed or which have, in its opinion been already sufficiently proved. ![]() Leading questions must not, if objected to by the adverse party, be asked in an examination-in-chief, or in re-examination, except with the permission of the Court. When leading Questions must not be asked?Īccording to Section 142 of Indian Evidence Act, leading questions may not be asked in Examination-in-chief, or in a Re-examination, except with the permission of the Court. It is a question framed in such manner that it throws a hint as to or suggests directly indirectly, the answer which the examiner desires to elicit from the witness, e.g., when a witness called to testify to an alleged assault on A by B is asked, " Did you see B take a stick and Strike A "? Or did you not hear him say this. It may be used to prepare him to give the desired answers to the questions about to be put to him the examiner, while he pretends ignorance and is asking for information is, in reality, giving instead of receiving it.Īccording to Taylor "A Leading question, in other words, is one which suggests to the witness the answer desired or which embodying a material fact, admits of a conclusive answer by a simple negative or affirmative." ![]() It is clear that under this form every sort of information may be conveyed to the witness in disguise. Section 141 of the Indian Evidence Act 1872 defines 'Leading Questions' as, “Any questions suggesting the answer which the person putting it wishes or expects to receive is called a leading question."īentham defines leading questions as," A question is a leading one, when it indicates to the witness the real or supposed fact which the examiner expects and desires to have confirmed by the answer.ī) Do you reside in such and such a place?Ĭ) Are you not in service of such and such person?ĭ) Have you not lived with him for so many years?Į) Did you see him enter X's office and take a file? As expected by the person asked the same, any questions which leads to answer, or a question which is pregnant with the answer. The expression "Leading Questions" literally means a question which itself suggest answer. Leading Questions have been defined under section 141 of the Indian Evidence Act 1872. Section 142 and Section 143 provides circumstances under which the leading Questions may be asked or may not be asked. Section 141 to Section 143 of Chapter -X, Part III of the Indian Evidence Act 1872 deals with leading questions.
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