A leading question is such a type of questions, which framed in such manner that if throws a hint as to, the answer of his questions which the examiner desires to elicit from the witness. Therefore, questions should be put to him about the relevant facts and then he should be given the fullest freedom to use his personal knowledge to answer these questions. Purpose of this is to enable witness to tell to court relevant facts of case in his/her own words.
(2) Relevant Provision
Art 136 to 138 of the QSO, 1984.
Any question which suggests that answer, which person. Who puts it, wishes or expects to receive, is called a leading question.
Any question, which suggests that answer, which person, who puts it, wishes or expects to receive, is called a leading question.
(5) Explanation Of Leading Question
Following points are important for explanation of leading questions:
- (i) When should leading questions not be asked?
- (ii) When can court permit leading questions?
(i) When Should Leading Questions Not Be Asked?
Here following points are important
(a) Examination-in-chief or re-examination
Leading questions should not be asked in examination-in-chief or re-examination.
(b) Objection of adverse party
Party It is essential that adverse party should raise objection against asking of leading questions. The leading questions should not be asked in re-examination or in examination-in-chief or when adverse party objects such questions.
The exception has also provided that the leading questions only be asked with the permission of exercising court during the examination-in-chief or re-examination. In fact, if opposite party objects, court can decide matter and can exercise its discretion either to permit a leading question or disallow it.
(ii) When Can Court Permit Leading Questions
Under following circumstances, court can permit leading questions:
(a) Introductory matters
Court can permit leading questions about those matters, which are introductory.
which matters are disputed in this cases the court can permit leading questions about these undisputed matter.
(c) Proved matters
Court can permit leading questions about those matters, about which court opines that they have already been sufficiently proved.
6-Who Can Ask Leading Questions?
These are the Following important points for explanation of that party who can ask leading questions:
- (i) Cross-examination
- (ii) Examination-in-chief
- (ii) Re-examination
During cross-examination, adverse party can ask leading questions to witness of his/her opponent.
If court permits leading questions, party, who calls some witness, can ask leading questions to such witness during examination-in-chief.
If the court permits leading questions, party, who calls some witness, can ask leading questions to such witness during the re-examination.
(7) Article No. 150
Article no. 150 of Qanoon-e-Shahadat Order has provided that person, who calls some witness, can put any questions to him/her, which adverse party might pot in truss-examination As leading questions can be put in cross-examination, therefore it means that this article also allows putting of leading questions to that witness whom some person calls8-
Basic purpose of such statement is to elicit truth so as to dispense complete justice. However, asking of the leading questions in examination-in-chief or in re-examination can defeat this purpose. Due to this it has been regulated that leading questions shall not be asked in examination-in-chief or re-examination.