Leading questions
A question that hands the witness the answer. A leading question suggests the reply the questioner wants. It is barred in examination-in-chief and re-examination if objected to — but freely allowed in cross-examination, and always allowed on introductory or undisputed matters.
How to read Section 146
A leading question suggests its own answer. You may not lead your own witness on contested facts if the other side objects — but you may lead in cross-examination, and on introductory or undisputed points.
A question that suggests the answer the questioner wishes or expects — a leading question.
Not to be asked in examination-in-chief or re-examination if objected to — except with the court’s permission (which it shall give on introductory, undisputed or already-proved matters).
May be asked freely in cross-examination.
The bare Act
The section in its own words — the definition, the bar, the mandatory permission, and cross-examination.
Definition. (1) Any question suggesting the answer which the person putting it wishes or expects to receive, is called a leading question.
Not in chief / re-exam. (2) 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.
Court shall permit. (3) The Court shall permit leading questions as to matters which are introductory or undisputed, or which have, in its opinion, been already sufficiently proved.
Allowed in cross. (4) Leading questions may be asked in cross-examination.
In short: a leading question is one that puts the answer into the witness’s mouth — it suggests the very reply the questioner wants (sub-s 1). The danger is obvious with your own witness: you should not be able to coach the answer on a contested point. So in examination-in-chief and in re-examination, leading questions must not be asked if the adverse party objects — unless the court permits (sub-s 2). But there is no harm in leading on matters that are merely introductory, undisputed, or already sufficiently proved; on those the court shall (must) permit leading, to save time (sub-s 3). In cross-examination the position reverses: leading questions may be asked freely (sub-s 4), because the witness is the other side’s, presumed unwilling to help, and leading is the very engine of testing his account.
→ This carries forward IEA 1872 §§ 141–143 — the definition and control of leading questions.
Glossary
A question that suggests the desired answer.
The reply the questioner wants — pointed to by the question.
The bar in chief / re-examination operates on objection.
The court may allow leading even in chief or re-examination.
Matters the court shall permit leading on.
Where leading questions are freely allowed.
The picture
Lead the other side’s witness, not your own — save on points that are introductory, undisputed or already proved.
The section, part by part
Tap a part — the picture-story tells it first; the word-by-word text and example follow.
definition & barDon’t lead your own witness on a contested point
in crossLead the other side’s witness freely
Connected provisions
Witnesses to character
The previous rule on examination — character witnesses are cross-examined and re-examined.
Evidence as to matters in writing
A document’s contents are proved by the document — but a statement relevant in itself may be proved without it.
Cross-examination limits
Lawful questions, compulsion to answer, and improper or indecent questions — the sections that follow.
IEA 1872, §§ 141–143
Carried forward — the definition and control of leading questions, merged into one section.