Leading Questions

Leading questions

Any question suggesting the answer which the person putting it wishes or expects to receive is called a leading question.

When they must not be asked

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.

When they may be asked

Leading questions may be asked in cross- examination.

Questions lawful in cross-examination

When a witness is cross-examined, he may, in addition to the questions herein before referred to be asked any questions which tend-

(1) to test his veracity.

(2) to discover who he is and what is his position in life, or

(3) to shake his credit, by injuring his character, although the answer to such questions might tend directly or indirectly to criminate him or might expose or tend directly or indirectly t expose him to a penalty or forfeiture.

When witness to be compelled to answer

If any such question relates to a matter relevant to the suit or proceeding, the provisions of section 132 shall apply thereto.

Question not to be asked without reasonable grounds

No such question as is referred to in section 148 ought to be asked, unless the person asking it has reasonable grounds for thinking that the imputation which it conveys is well-founded.

Indecent and scandalous questions

The Court may forbid any questions or inquiries which it regards as indecent or scandalous, although such questions

or inquiries may have some bearing on the questions before the Court, unless they relate to facts in issue, or to matters necessary to be known in order to determine whether or not the facts in issue exited.

Questions intended to insult or annoy

The Court shall forbid any question which appears to it to be intended to insult or annoy, or which, though proper in itself, appears to the court need lessly offensive in form.

Question by party to his own witness

The Court may, in its discretion, permit the person who calls a witness to put any questions to him which might be put in cross examination by the adverse party.

Questions tending to corroborate evidence of relevant fact, admissible

When a witness whom it is intended to corroborate gives evidence of any relevant fact, he may be questioned as to any other circumstances which he observed at or near to the time or place at which such relevant fact occurred,

if the Court is of opinion that such circumstances, if proved, would corroborate the testimony of the witness as to the relevant fact which he testifies.