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Bharatiya Sakshya Adhiniyam, 2023 · Chapter X: Of Examination of Witnesses

Section 146: Leading questions

Earlier law: Evidence Act section 141, section 142, section 143

In plain words

A leading question is one that suggests the answer the questioner wants or expects. Leading questions cannot be asked in examination-in-chief or re-examination if the other side objects, without the court's permission. They can be asked in cross-examination.

  • The court must allow them on introductory or undisputed matters, or matters already sufficiently proved.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Official text

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

(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

(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.

(4) Leading questions may be asked in cross-examination

Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.

Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 25 August 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Supreme Court judgments citing the section 146

No Supreme Court judgment in our database cites this section yet.