![]() Improve your employee engagement in less than two minutes ![]() It seems like an innocent question, but because it has been crafted in such a way as to get people to agree with the questioner’s point of view, it can be considered a leading question. He might ask, Don’t you think it’s essential to learn this skill? And most of the time, they unknowingly throw you leading questions.įor example, during the interview, you might find yourself with the interviewer wanting you to agree with his point of view. But interviewers will always find ways to get to know you better. Yes, you may have crafted a detailed resume using a professional resume builder. Leading questions are questions that have been crafted in such a way as to nudge someone in the direction of your desired answer. This article will explain what leading questions are, why they can be problematic, and how you can avoid them if you have to ask one. On the contrary, answering a leading question requires quick thinking to understand what’s being asked and how to answer it in such a way that doesn’t make the questioner assume something that isn’t true or lead them to draw their own conclusions about your answer. But, in certain situations, it can also be dangerous, both to the person asking the question and the person answering it.Īsking them can manipulate answers from people in a way that’s not fair or accurate, but it happens all the time. The Act gives absolute discretion to the court to allow or disallow leading questions.ġ) When opinions of third persons are relevant.A leading question can be an important tool when used correctly. ![]() The rule excluding leading questions is intended to prevent unfairness in the conduct of the inquiry. Objection to leading question is not that they are illegal but only that they are unfair. Leading questions may be asked in the following cases.ġ) According to Section 143 of the Indian Act, Leading Questions may be asked in cross-examination.Ģ) Under Section 142- In Examination-in-chief, Leading questions can only be asked with the permission of Court in certain matters.ģ) When the witness has defective memory, it may be agitated by a few leading questions.Ĥ) When the object of the leading question is to contradict another witness as to the expressions used by him but at which denies having asked, the witness may be asked leading questions. The court shall permit questions as to matters which are introductory or undisputed or which have, in its opinion been already sufficiently proved. Leading questions must not, if objected to by the adverse party, be asked in an examination-in-chief, or in re-examination, except with the permission of the Court. When leading Questions must not be asked?Īccording to Section 142 of Indian Evidence Act, leading questions may not be asked in Examination-in-chief, or in a Re-examination, except with the permission of the Court. It is a question framed in such manner that it throws a hint as to or suggests directly indirectly, the answer which the examiner desires to elicit from the witness, e.g., when a witness called to testify to an alleged assault on A by B is asked, " Did you see B take a stick and Strike A "? Or did you not hear him say this. It may be used to prepare him to give the desired answers to the questions about to be put to him the examiner, while he pretends ignorance and is asking for information is, in reality, giving instead of receiving it.Īccording to Taylor "A Leading question, in other words, is one which suggests to the witness the answer desired or which embodying a material fact, admits of a conclusive answer by a simple negative or affirmative." It is clear that under this form every sort of information may be conveyed to the witness in disguise. Section 141 of the Indian Evidence Act 1872 defines 'Leading Questions' as, “Any questions suggesting the answer which the person putting it wishes or expects to receive is called a leading question."īentham defines leading questions as," A question is a leading one, when it indicates to the witness the real or supposed fact which the examiner expects and desires to have confirmed by the answer.ī) Do you reside in such and such a place?Ĭ) Are you not in service of such and such person?ĭ) Have you not lived with him for so many years?Į) Did you see him enter X's office and take a file? As expected by the person asked the same, any questions which leads to answer, or a question which is pregnant with the answer. The expression "Leading Questions" literally means a question which itself suggest answer. Leading Questions have been defined under section 141 of the Indian Evidence Act 1872. ![]() ![]() Section 142 and Section 143 provides circumstances under which the leading Questions may be asked or may not be asked. Section 141 to Section 143 of Chapter -X, Part III of the Indian Evidence Act 1872 deals with leading questions. ![]()
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