Under Section 146 of the BSA 2023, when are leading questions permissible in court proceedings?
Explanation & Strategy
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Leading questions (questions that suggest their own answer) have different rules depending on the stage of examination. They are freely permitted during cross-examination because the purpose of cross-examination is to test the witness's credibility. During examination-in-chief and re-examination, they are generally prohibited because the examining party should not coach their own witness — but exceptions exist for preliminary/introductory matters, undisputed facts, and facts already established through other evidence.
The text reads: Section 146 BSA: Leading questions may be asked in cross-examination. In examination-in-chief, they may be asked with court's permission on introductory, undisputed, or sufficiently proved matters.
BSA S.146 consolidates Evidence Act Sections 141-143 on leading questions into a single provision.