All India Bar Examination (AIBE) 6-VI Previous Year Question Papers with Answers

Practice Mode:
16.

The Court’s discretion to permit leading questions is confined only to matters which are

A: Introductory facts
B: Undisputed facts
C: Facts already sufficiently proved to the satisfaction of the court
D: All the above

The answer is: D

Explanation

The correct answer is D: All the above.

According to section 143 of the Indian Evidence Act, 1872, leading questions must not, if objected to by the adverse party, be asked in an examination-in-chief, or in a re-examination, except with the permission of the court.

The court shall permit leading questions as to matters which are introductory or undisputed or which have, in its opinion, been already sufficiently proved.

This means that the court has the discretion to allow leading questions in examination-in-chief or re-examination only when they relate to facts that are not in controversy or that have been established by sufficient evidence. Leading questions are questions that suggest the answer or assume the existence of a fact that is in dispute.

 For example, "You saw the accused stabbing the victim, didn't you?" is a leading question, whereas "What did you see the accused doing?" is not. Leading questions are generally allowed in cross-examination, as they are useful for testing the veracity and accuracy of a witness. However, no leading question is allowed in cross-examination where the facts have already been proved or admitted by the party.