Q: What are leading questions ?

Ans: Section 141, 142 ,143 deals with the leading questions. 

Witnesses are examined by the parties or their advocates by the way of asking questions in order to elicit responses of the questions.

 Only the recording of mere statement by the police under section 161 of Cr.P.C does not decide the evidentiary value of statement of witness. The evidentiary value of statement will be decided by the examination and cross examination of witness.

 The leading questions are those questions which have the answers in themselves. The answer should be in either yes or no. Generally all the questions that are in Yes or No form are leading questions.

If we say if your name is Harish, it is a leading question of which answer is in yes or no form.

Leading questions are defined in section 141 and section 142 mentions that leading questions can not be asked in examination in chief and will be asked in cross examination only according to section 143 of Indian evidence act, 1872.

The another important factor is that the leading question can be asked at the time of cross examination.

According to Bentham, a leading question is a question that indicates the witness the real or supposed fact which the examiner expires or desires to have confirmed with the witness.

According to Stephen, a leading question is a question which either a) suggests the answer desired , or b) assumes the existence of disputed facts as to which the witness is to testify.

According to Lord Ellen Borough,  " A leading question is a question framed in such a manner that it throws a hint as to, or suggests directly or indirectly, the answer which the examiner desires to elicit from the witness.

For example, " did you not work with Mr. X for 5 years?", "is your name so and so", " did you not see the accused leave the premise at 8 PM? ", all are leading questions because they are suggesting answers.

Any question which is suggesting the answer is  a leading question.

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