BSA Section 146: Leading questions (formerly IEA 141, IEA 142 and IEA 143)
Bharatiya Sakshya Adhiniyam, 2023 · in force from 1 July 2024
BSA 146: Leading questions
From 1 July 2024
(1) Any question suggesting the answer which the person putting it wishes or expects to receive, is called a leading question.
(2) 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.
(3) The Court shall permit leading questions as to matters which are introductory or undisputed, or which have, in its opinion, been already sufficiently proved.
(4) Leading questions may be asked in cross-examination.
What it replaced in the Evidence Act
BSA 146(1) ← IEA 141 · Leading questionsChanged
BPR&D's comparison records a change. Read what changed before relying on the old wording.
What changed, per BPR&D: Section 141 IEA is included as subsection (1) of 146 BSA.
Printed in both official correspondence tables (BPR&D and NCRB).
Any question suggesting the answer which the person putting it wishes or expects to receive is called a leading question.
BSA 146(2)&(3) ← IEA 142 · When they must not be askedChanged
BPR&D's comparison records a change. Read what changed before relying on the old wording.
What changed, per BPR&D: Section 142 IEA is included as subsection (2) and (3) of 146 BSA.
Printed in both official correspondence tables (BPR&D and NCRB).
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 Court shall permit leading questions as to matters which are introductory or undisputed, or which have, in its opinion, been already sufficiently proved.
BSA 146(4) ← IEA 143 · When they may be askedChanged
BPR&D's comparison records a change. Read what changed before relying on the old wording.
What changed, per BPR&D: Section 143 IEA is included as subsection (4) of 146 BSA.
Printed in both official correspondence tables (BPR&D and NCRB).
Leading questions may be asked in cross-examination.
Which one applies
Under section 170(2) of the BSA, an application, trial, inquiry, investigation, proceeding or appeal already pending on 1 July 2024 is dealt with under the Evidence Act; one begun on or after that date, under the BSA.
Read BSA section 170 →Judgments decided under IEA 141
They remain the law on IEA 141. Where the provision changed in the move, read what changed before relying on one for an offence after 1 July 2024.
Sources
- Correspondence Table and Comparison Summary of the Bharatiya Sakshya Adhiniyam, 2023 to the Indian Evidence Act, 1872, Bureau of Police Research & Development, Ministry of Home Affairs, page 11.
- Bharatiya Sakshya Adhiniyam, 2023: bare Act with Corresponding Section Table, National Crime Records Bureau (Sankalan), page 23.
- The Indian Evidence Act, 1872 (Act 1 of 1872), as amended, India Code, Legislative Department, Ministry of Law and Justice.
BPR&D is the Bureau of Police Research & Development (Ministry of Home Affairs); NCRB the National Crime Records Bureau. Their correspondence tables are training aids, not law. This page is general information, not legal advice on any case; the bare Acts as published by the Government of India are the authority.