When they must not be asked
AI Assist
Summary
If the opposing party objects, you cannot ask leading questions during examination-in-chief or re-examination unless the court allows them. The court may allow leading questions for introductory facts, matters that are undisputed, or things it thinks are already proved. Consequence: counsel must avoid suggesting answers on contested points unless permitted by the court.
Example
Priya is called to prove when she bought goods from a shop. The defence objects when the prosecutor asks, "You bought them on 5 May, did you?" The court disallows that leading question for the main facts but allows a leading question about the shop name as it is introductory.
Bare Act
Enacted textLeading 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.
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