All India Bar Examination (AIBE) 4-IV Previous Year Question Papers with Answers

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39.

Leading questions can be asked even without permission of court during

A: Examination-in-Chief
B: Cross Examination
C: Re-examination
D: All of the above

The answer is: B

Explanation

The correct option is B: Cross Examination.

A leading question is a question that suggests the answer that the person asking it expects or desires to receive. For example, "Did you see him stealing the money?" is a leading question, as it implies that the person being questioned saw someone stealing the money. A leading question is different from a non-leading question, which does not indicate any specific answer. For example, "What did you see?" is a non-leading question, as it does not suggest any particular answer.

According to section 142 of the Indian Evidence Act, 1872, leading questions must not be asked in an examination-in-chief or in a re-examination, unless the court permits them. However, leading questions may be asked in cross-examination without any permission from the court. The reason for this rule is that in examination-in-chief and re-examination, the witness is supposed to give his or her own version of the facts without being influenced by the party who calls him or her. In cross-examination, on the other hand, the witness is supposed to be tested and challenged by the opposite party, who may try to elicit contradictions, inconsistencies, or admissions from him or her by asking leading questions. Therefore, option B is the correct answer.