Question

During the court proceedings, the defense lawyer asks a leading question, which the prosecutor appeals against. The judge grants the appeal. Leading questions are not allowed in all of the following except?

• A. Re-examination
• B. Cross-examination
• C. Examination in chief
• D. Dying declaration

Answer 1

The Correct Option is B

Leading questions are typically questions that suggest their own answer, often prompting for a simple 'yes' or 'no'. They are generally not permitted in certain stages of legal proceedings due to their potential to lead the witness, hence impacting the impartiality of the testimony. These stages include:

• Re-examination: This is the stage after cross-examination where the initial examining lawyer can clarify potentially misleading points. Leading questions are not allowed as the goal is to elucidate the original testimony, not alter it.
• Examination in chief: This is the main part of a witness's testimony where they are questioned by the party who called them. Leading questions are not permitted as they can distort the witness's original statements.
• Dying declaration: This is a legal exception in some jurisdictions, where a statement made by a person on their deathbed, relating to the cause of their death, may be admitted as an exception to the hearsay rule. Leading questions aren't applicable here due to the nature of dying declarations.

However, cross-examination allows the use of leading questions. This is because during cross-examination, the aim is to challenge and test the credibility of the witness's testimony presented in the examination in chief, and leading questions can be used effectively for this purpose.

Thus, the correct answer is: Cross-examination.