All India Bar Examination (AIBE) 3-III Previous Year Question Papers with Answers

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52.

Which of the following statements is most accurate about 'leading question'?

A: A leading question is any question suggestion the answer that the court expects to receive.
B: Leading questions are permitted during examination in chief.
C: Leading questions are permitted during re-examination.
D: Leading question are permitted during cross examination.
E: The permission of the court is necessary to ask leading questions during examination in chief, re- examination, or cross-examination.

The answer is: D

Explanation

The correct answer is D. Leading questions are permitted during cross examination.

This statement is the most accurate because it reflects the legal position of leading questions under the Indian Evidence Act, 1872. According to Section 141 of the Act, a leading question is any question suggesting the answer which the person putting it wishes or expects to receive. Leading questions are generally not allowed in examination in chief and re-examination, unless the court permits them for the purpose of introducing or identifying a person or thing. However, leading questions are allowed in cross examination, as they can be used to test the veracity, accuracy, and credibility of the witness. The other statements are inaccurate because they either contradict or misrepresent the legal position of leading questions under the Act.

For example, statement A is inaccurate because a leading question is not any question suggesting the answer that the court expects to receive, but rather the person putting it. Statement B is inaccurate because leading questions are not permitted during examination in chief, unless the court permits them. Statement C is inaccurate because leading questions are not permitted during re-examination, unless the court permits them. Statement E is inaccurate because the permission of the court is not necessary to ask leading questions during cross examination.