1.
Introduction
A
leading is a questions, framed in such a manner that if throws a hint as to, or
suggests directly, the answer which the examiner desires to elicit from the
witness. Therefore, questions should be put to him about relevant facts and
then he should be given the fullest freedom to use his personal knowledge to
answer these questions.
2.
Relevant Provisions
Article
136 to 138 of the Qanun-e-Shahadat Order 1984.
3. Definition of Leading Questions
Any
question, which suggests that answer, which person, who puts it, wishes or
expects to receive, is called a leading question.
4.
Questions Regarded as Leading Questions
Following
are the questions which regarding as leading questions
a.
Questions Assuming a controverter fact
A
question is leading, where the question assures any fact which is in
controversy so that the answer may really or apparently admit that fact.
b.
Questions calling for answer Yes or No
A
question admitting of being answered by a simple “Yes” or “No” is regarded as
generally a leading question.
c.
Alternative Question
A
questions is an alternative from e.g the question “Di you or did you not
refuse” does not admit of an answer by a simple Yes or No weather question in
this form is leading or not depend upon whether it does or does not suggest any
particular answer.
5. When should Leading Questions not be asked?
The
following points are important to explain it under Sec 137 of the
Qanun-e-Shahadat Order 1984
a.
Examination-in-Chief or Re-examination
According
to article 137 of the Qanun-e-Shahadat order 1984, the leading questions can
not be asked in examination-in-chief or re-examination but this article also
described some exceptions.
b.
Objection of Adverse party
It
is a right of adverse party should arise objection against asking any leading
question. In fact, It has been provided in Qanun-e-Shahadat that leading
questions cannot be asked in examination-in-chief or re-examination when
adverse party object such question.
c.
Exception
An
exception also be provided that leading question can be asked when court
permission to asked leading question during examination-in-chief or
re-examination. But, if opposite party objects, then court can decide matter
and can exercise its discretion either to permit a leading questions or
disallow it.
6. When Court can permit Leading Questions
Under
the following circumstance, court can permit leading questions
a.
Introductory matters
A
witness may be asked about matter preliminarily to the main topics of
controversy e.g witness’s name, age, residence etc.
b.
In undisputed matter
A
leading question may be asked in examination in chief in undisputed matter’s to
being the witness, as soon as possible, on the material points on which he is
to speak counsel may lead him a non to that length may tell him the
acknowledged facts of the case which have been already established.
c.
Proved matters
Court
can permit to asked leading in examination in chief or re-examination when
court opines that the mater already sufficiently proved.
7. When Leading Questions may be asked
The
leading questions may be asked in Cross-examination.
a.
Examination-in-Chief
The
leading questions can be asked in examination-in-chief if court permit to asked
leading questions.
b.
Re-examination
If
court permits leading questions, party, when calls some witness, can asked
leading questions to such witness during re-examination.
8.
Conclusion
To
conclude, it can be stated that examination includes examination-in-chief,
cross-examination and re-examination, and examination-in-chief,
cross-examination and re-examination all make one statement. Basic purpose of
such statements to extort truth so as to dispense complete justice. However
asked of leading questions in examination-in-chief or re-examination can defeat
this purpose. Due to this reason, it has been provided that leading questions
should not be asked in examination-in-chief or re-examination.
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