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Leading Question - Definition - Law Dictionary Home Dictionary Definition leading-question

Definition :

Leading question, a question which suggests to a witness the answer which the party examining desires. Any question suggesting the answer which the person putting it wishes or expects to receive is called a leading question (Indian Evidence Act, 1872, s. 141). See Best on Evidence; Powell on Evidence. Such questions are not allowed to be put except in cross-examination, except as to matter not in dispute, and preliminary inquires, name and address, etc., of witnesses.

It is not easy to lay down any precise general rule as to what are leading questions; on the one hand, it is clear that the mind of the witness must be brought into contact with the subject of inquiry; on the other, that he ought not to be prompted to give a particular answer, or to be asked any question to which yes or no would be conclusive. But how far it may be necessary to particularise, in framing the question, must depend upon the circumstances of each particular case.

If a witness by his conduct show himself decidedly adverse to the party calling him it is in the discretion of the Court to allow him to be examined as if on cross-examination, Tayl. On Evid.

Means a question that suggests the answer to the person being interrogated; esp., a question that may be answered by a mere 'yes' or 'no'. Leading questions are generally allowed only in cross-examination. Also termed categorical question: suggestive question: suggestive interrogation, Black's Law Dictionary, 7th Edn., p. 897.

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