Question

Under Section 146 of the BSA 2023, when are leading questions permissible in the court proceedings?

• A. Leading questions are always allowed during examination-in-chief without restriction.
• B. Leading questions are not allowed during cross-examination.
• C. Leading questions can be asked in examination-in-chief, re-examination, or cross-examination without any objection.
• D. Leading questions are permitted during cross-examination when matters are introductory, undisputed, or sufficiently proved.

Answer 1

The Correct Option is D

Section 146 of the Bhartiya Sakshya Adhiniyam (BSA) 2023 outlines the circumstances under which leading questions are permissible in court proceedings. Generally, leading questions are not allowed during examination-in-chief (direct examination of a witness by the party who
called them). However, there are exceptions:
1. Cross-examination: Leading questions are permitted during cross-examination to test the credibility and accuracy of the witness’s testimony.
2. Introductory, Undisputed, or Sufficiently Proved Matters: Leading questions may be allowed on matters that are introductory, undisputed, or have already been sufficiently proven.