Section 146 BSA 2023: Leading Questions
Section 146 of the Bharatiya Sakshya Adhiniyam, 2023 defines a leading question and states when such questions may or may not be asked during examination of a witness.
What is a leading question under Section 146?
A leading question is a question that suggests the answer which the person asking the question wishes or expects to receive. The rule is intended to regulate how evidence is elicited from a witness, particularly during examination-in-chief and re-examination.
Section 146 of the Bharatiya Sakshya Adhiniyam, 2023
Section 146(1): Any question suggesting the answer which the person putting it wishes or expects to receive is called a leading question.
Section 146(2): If the adverse party objects, leading questions must not be asked in examination-in-chief or re-examination except with the permission of the Court.
Section 146(3): The Court shall permit leading questions on matters that are introductory or undisputed, or that have already been sufficiently proved in the opinion of the Court.
Section 146(4): Leading questions may be asked in cross-examination.
When are leading questions permitted?
| Stage of examination | Rule under Section 146 |
|---|---|
| Examination-in-chief | Generally not allowed if the adverse party objects, unless the Court permits them. |
| Re-examination | Generally not allowed if objected to, unless permitted by the Court. |
| Introductory or undisputed matters | The Court shall permit leading questions. |
| Matters already sufficiently proved | The Court shall permit leading questions if it considers the matter sufficiently proved. |
| Cross-examination | Leading questions may be asked. |
Practical meaning of Section 146
In examination-in-chief, a witness should ordinarily give evidence in his or her own words rather than merely agree with a version suggested by the examining party. If the other side objects to a leading question, the Court decides whether permission should be granted. Routine matters such as identity, background facts, dates that are not disputed, and matters already sufficiently proved may be put in leading form with the Court's permission.
Cross-examination is different. Section 146(4) expressly permits leading questions because cross-examination is intended, among other things, to test the witness's account and credibility within the limits imposed by law.
Relationship with the Indian Evidence Act, 1872
The rules now consolidated in Section 146 of the BSA broadly correspond to Sections 141, 142 and 143 of the repealed Indian Evidence Act, 1872, which separately dealt with the definition of a leading question, when leading questions must not be asked, and when they may be asked.
Section 170 of the BSA contains a saving clause. An application, trial, inquiry, investigation, proceeding or appeal that was pending immediately before July 1, 2024 continues to be dealt with under the Indian Evidence Act, 1872 as if the BSA had not come into force.
Official legal sources
For the authoritative text, see the Bharatiya Sakshya Adhiniyam, 2023 on India Code and the Ministry of Home Affairs - New Criminal Laws.
Note: This page provides general legal information. Application of evidentiary rules depends on the facts, stage of proceedings and orders of the Court.