Leading Questions In Cross-Examination
📘 1. Leading Questions: Definition & Legal Framework
✅ Definition (Section 141, Indian Evidence Act, 1872)
“Any question suggesting the answer which the person putting it wishes or expects to receive is called a leading question.”
📍Examples:
“You were present at the scene, weren’t you?”
“He hit you first, right?”
“The meeting was at 10 PM, correct?”
These questions suggest the answer within the question itself.
⚖️ 2. When Are Leading Questions Permissible?
✔️ Permissible:
During Cross-Examination (Section 143)
During Preliminary Examination (e.g., to identify a witness)
With court’s permission during examination-in-chief (e.g., hostile witness)
❌ Not Permissible:
During Examination-in-Chief, unless:
The court allows it,
The witness is declared hostile.
📜 Relevant Provisions of Indian Evidence Act, 1872:
| Section | Provision |
|---|---|
| 141 | Definition of Leading Question |
| 142 | Leading questions not permissible in examination-in-chief or re-examination, unless allowed by court |
| 143 | Leading questions allowed in cross-examination |
⚖️ 3. Detailed Case Law on Leading Questions in Cross-Examination
🔹 Case 1: State of Rajasthan v. Ani (1997) SC
Facts: The witness gave a version different from the prosecution’s case. During cross-examination, defence counsel asked several leading questions.
Legal Issue: Whether leading questions can be used to test the credibility of a hostile witness.
Held:
Supreme Court held that leading questions are permissible in cross-examination, especially when a witness turns hostile.
Even the prosecution can cross-examine its own witness under Section 154 CrPC.
Significance:
Clarified that leading questions are a vital tool in impeaching the credibility of hostile witnesses.
🔹 Case 2: Sat Paul v. Delhi Administration (1976) SC
Facts: A witness gave a contradictory statement in court. The prosecution used leading questions to confront the witness.
Issue: Whether leading questions can be used to confront a witness with earlier statements.
Held:
The court ruled that leading questions are allowed in cross-examination to test the truthfulness of the testimony.
Leading questions can be used to confront a witness with their previous inconsistent statements.
Significance:
Established that leading questions are crucial for testing consistency and credibility.
🔹 Case 3: Vinod Kumar v. State of Punjab (2015) SC
Facts: During cross-examination, defence was not allowed to put leading questions in a case involving corruption.
Issue: Whether the denial of leading questions violates the accused's right to fair defence.
Held:
The Supreme Court held that leading questions during cross-examination cannot be unreasonably restricted.
Denial of that right amounts to denying fair trial.
Significance:
Reaffirmed that leading questions during cross are essential to the defence’s rights.
🔹 Case 4: Bipin Shantilal Panchal v. State of Gujarat (2001) SC
Facts: The trial judge frequently objected to leading questions during cross-examination.
Issue: Can a trial court restrict leading questions in cross?
Held:
The Court cautioned that the cross-examination must not be unduly interrupted.
Leading questions are permitted unless they are abusive, irrelevant, or misleading.
Significance:
Balanced judicial conduct during cross-examination; over-intervention is discouraged.
🔹 Case 5: Mukesh & Anr v. State (Nirbhaya Case, 2017) SC
Facts: Defence used aggressive leading questions during cross-examination of victim’s friend and other witnesses.
Issue: Were the leading questions appropriate and within bounds of ethical cross-examination?
Held:
Leading questions were permitted, but the court reminded that cross-examination must not amount to character assassination or harassment.
Emphasized professional conduct even during rigorous cross-examination.
Significance:
Demonstrated the court’s balance between fair trial and dignity of witnesses.
🔹 Case 6: Parmanand Brahmachari v. Emperor (1942) Patna HC
Facts: In a sedition case, the defence used leading questions to elicit favourable responses from prosecution witnesses.
Issue: Can leading questions be used to extract contradictions?
Held:
Leading questions are valid tools in cross to bring contradictions and expose falsehoods.
The court emphasized that such questions are often the only effective method of eliciting truth.
Significance:
Highlighted the strategic use of leading questions.
📚 4. Summary Table of Cases
| Case Name | Key Principle | Outcome |
|---|---|---|
| State of Rajasthan v. Ani | Leading questions allowed against hostile witnesses | ✅ Allowed |
| Sat Paul v. Delhi Admin | Used to confront previous inconsistent statements | ✅ Allowed |
| Vinod Kumar v. State of Punjab | Denial of leading questions violates fair trial | ❌ Not Allowed |
| Bipin Shantilal v. State of Gujarat | Courts should not obstruct cross with excessive objections | ✅ Balanced |
| Mukesh v. State (Nirbhaya) | Leading questions okay, but must be ethical | ✅ Conditional |
| Parmanand Brahmachari v. Emperor | Leading questions uncover contradictions | ✅ Allowed |
🧠 5. Conclusion: Importance of Leading Questions in Cross-Examination
Leading questions are critical tools for eliciting truth, exposing contradictions, and testing the reliability of witnesses.
While generally barred in examination-in-chief, they are freely permitted in cross-examination.
Courts may limit their use when they become abusive, irrelevant, or oppressive.
Both prosecution and defence can use leading questions during cross if the witness turns hostile.
Judicial supervision ensures balance between effective cross-examination and witness protection.
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