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Leading questions may be asked during which one of the following?
Question

Leading questions may be asked during which one of the following?

A.

Examination-in-Chief

B.

Cross-Examination

C.

Re-Examination

D.

Leading questions are not permitted during criminal trials

Correct option is B

The correct option is (b) Cross-Examination.

Explanation

Based on the Bharatiya Sakshya Adhiniyam (BSA), 2023 (specifically Sections 143, 144, and 146), the rules regarding leading questions are as follows:

  1. Definition: A "leading question" is any question which suggests the answer which the person putting it wishes or expects to receive.
  2. General Restriction: Under Section 144, leading questions must not, if objected to by the adverse party, be asked in an Examination-in-chief or a Re-examination, except with the permission of the Court.
  3. The Exception (Cross-Examination): Under Section 146, leading questions may be asked in cross-examination. This is because the purpose of cross-examination is to test the veracity of the witness and "shake" their credit, which often requires suggestive questioning.

Information Booster

The Bharatiya Sakshya Adhiniyam, 2023 provides a structured framework for witness examination to ensure a fair trial:

Stage of Examination

Purpose

Leading Questions Allowed?

Examination-in-Chief

To bring out the facts in support of the party calling the witness.

No (unless they are introductory, undisputed, or already sufficiently proved).

Cross-Examination

To test the accuracy, credibility, and value of the testimony.

Yes (allowed without restriction under Section 146).

Re-Examination

To explain matters referred to in cross-examination.

No (except with the permission of the Court).

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