Question

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

Hint:

Remember the stages of examination: Examination-in-chief (own lawyer asks), Cross-examination (opposite lawyer asks), Re-examination (own lawyer asks again). Leading questions are the tool of cross-examination but are allowed in the other stages with court permission for non-controversial matters.

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
The question is about 'leading questions' and the circumstances under which a court may permit them during examination-in-chief or re-examination. A leading question is defined in Section 141 of the Indian Evidence Act as any question suggesting the answer which the person putting it wishes or expects to receive.
Step 2: Detailed Explanation:
- Section 142 states the general rule: 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 section further clarifies that the Court shall permit leading questions as to matters which are introductory or undisputed, or which have, in its opinion, been already sufficiently proved.
All three situations mentioned in options (A), (B), and (C) are explicitly listed in the provision as circumstances where the court can exercise its discretion to allow leading questions. These are cases where suggesting the answer does not prejudice the case, as it helps to speed up the trial by quickly getting through non-contentious parts of the testimony.
- Leading questions are freely allowed during cross-examination (Section 143).
Step 3: Final Answer:
The court's discretion to permit leading questions in examination-in-chief extends to introductory facts, undisputed facts, and facts already sufficiently proved. Therefore, option (D) is the correct answer.