Section 146 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 146 of the Bharatiya Sakshya Adhiniyam, 2023 regulates the use of leading questions during witness examinations in legal proceedings.(vidhijudicial.com)
๐ Text of Section 146
Definition of Leading Question:(testbook.com)
A leading question is one that suggests the answer which the person putting it wishes or expects to receive.
Restrictions on Leading Questions:(aaptaxlaw.com)
Leading questions must not be asked in examination-in-chief or re-examination if objected to by the adverse party, except with the permission of the Court.
Court's Discretion:(aaptaxlaw.com)
The Court shall permit leading questions on matters that are introductory, undisputed, or have, in its opinion, been already sufficiently proved.
Permission in Cross-Examination:(vidhijudicial.com)
Leading questions may be asked in cross-examination.
๐ Explanation
Section 146 outlines the circumstances under which leading questions can be posed during witness examinations:(testbook.com)
Examination-in-Chief & Re-Examination: Leading questions are generally not allowed unless the opposing party objects. However, the Court may permit them if the questions pertain to introductory matters, are undisputed, or have been sufficiently established.(lawfyi.io)
Cross-Examination: Leading questions are permissible, as this phase often aims to challenge the credibility and reliability of the witness's testimony.
โ๏ธ Legal Significance
Ensures Fairness: Restricting leading questions in examination-in-chief and re-examination helps prevent the elicitation of biased or suggestive responses, ensuring that the witness's testimony is not unduly influenced.(testbook.com)
Maintains Integrity: By allowing leading questions in cross-examination, the law facilitates the testing of the witness's reliability and the strength of the opposing party's case.(thelawadvice.com)
Court's Discretion: The Court's ability to permit leading questions in certain circumstances allows for flexibility, ensuring that the examination process is efficient and that relevant information is elicited without compromising the fairness of the proceedings.
๐งพ Example
Scenario: During examination-in-chief, a lawyer asks a witness, "You saw the defendant at the scene of the crime, didn't you?" The opposing counsel objects, stating it's a leading question.
Application of Section 146: The Court may overrule the objection if it deems the question pertains to an undisputed fact or has been sufficiently established, thereby permitting the leading question.(vidhiadda.com)
Summary: Section 146 of the Bharatiya Sakshya Adhiniyam, 2023, governs the use of leading questions in legal proceedings, aiming to balance the elicitation of relevant information with the protection of witness credibility and fairness in the judicial process.
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