Leading Question

Leading Question

Introduction

A question that suggest the witness its answer; that the person putting the question desires to get in it is said to be the leading question. Leading question can’t ordinarily be asked during examination in chief or re- examination because the witness is presumed to be biased in favor of the party examining him and might thus be prompted. But leading question is almost always allowed during cross-examination.

Relevant provisions:

Article 136 through 138 of Chapter X of the Qanoon-e-Shahadat Order, 1984

Cross Reference:

Article 132, 133, 150 and 143 of the Qanoon-e-Shahadat Order, 1984

Meaning of leading question:

A leading question is suggestive question, i.e. a question which suggests the answer that the interrogator wishes or expects to receive, or which embodying a material fact admits of conclusive answer by a simple negative or affirmative. (Nicholl vs. Dowding 18 RR 746)

The term leading question is defined under Black’s Law Dictionary in following words;

“A question that suggests the answer to the person being interrogated; esp. a question that may be answered by a mere yes or no”

Determination of leading question:

It is the discretionary power of the court to determine; whether leading question should be permitted and the responsibility for that permission entirely rests on the court.

Leading Questions are not in generally allowed to be put in examination in chef and re-examination:

Leading question cannot be asked in examination-in-chief or re-examination only if objected by other party such question therefore can be asked if they are not objected by other party.

Reason of rule:

The reason of rule is that the witness is presumed to be favorable to the party calling him who knowing exactly what the former can be proved might prompt him to give only the advantageous questions.

Discretion of the court:

Even where a leading question is objected; it is discretion of the court to allow it or disallow it and discretion will not be interfered with by a court of appeal or revision except in extreme case.

Exceptions to the principle of unacceptability of leading question during examination-in-chief:

There are some well known exception to the rule that leading question can’t be asked in examination-in-chief and re-examination.

Introductory question:

Leading question is allowed when a witness is asked about matter preliminary to the main topic of controversy.

Undisputed matters:

Matters essential to be brought before the court; but are not themselves in controversy such a witness’s name, age, residence, relationship to the parties and the like. There is no danger of improper suggestions therefore; the rule disallowing question is relaxed in favor of questions as to such matter.

Matters sufficiently proved:

To abridge the proceedings and bring the witness as soon as possible on to the material points on which he is to speak, counsel may lead him on to that length and may recapitulate to him the acknowledged facts of the case which have been already established.

As to identity of person or things:

For the purpose of identifying a person or things the attention of the witness may be directly pointed to them.

Witness to contradict another witness:

Where one witness is called to contradict another as to expression used by the latter the former may be asked not merely what was said, but whether the particular expression were used, since otherwise a contradiction might never be arrived at.

To assist memory of the witness:

Where the witness is unable without extraneous aid to revive his memory on the desired point, i.e. where he understand what he is desired to speak about but can’t recollect what he knows; his recollection being exhausted may be aided by a question suggesting the answer.

Hostile witness:

Under Article 150, leading questions are generally allowed to be put to a witness who, by his conduct in the witness-box obviously appears to be hostile to the party calling him.

Witness’s want of understanding: Where the witness is a child or an illiterate or an alien and doesn’t appreciate the tenor of the desired details and is therefore, unable to say anything about it, a question calling attention specifying to the details may be allowed when other means have failed.

Permission of the court:

Where the court while exercising its discretionary power to allow leading question; the same can be asked.

Objection has not been raised:

Where the adverse party doesn’t raise objection as against the leading question put on witness; it is allowed.

Leading question can be asked during cross-examination:

Leading question may be asked in cross-examination. The purpose of cross-examination being the test of accuracy, credibility and general value of the evidence given and sift the fact already stated by the witness; it sometimes become necessary for a party to put leading question in order to elicit facts in support of his case, even though the fact so elicited may be entirely unconnected with facts testified to the examination-in-chief.

Exception to the rule that leading question may be asked in cross-examination:

There are certain exceptions to the rule that leading question may be asked in cross examination. These are as follow;

The counsel is not allowed to go to the length of putting the very words into the mouth of the witness which he is to echo back.

A question which assumes facts as proved which have not been proved or which assumed that particular answer have been given in fact have not been given is not permissible either in examination-in-chief or cross-examination.