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    Thursday, 12 November 2015

    Leading Questions under Qanun-e-Shahadat Order

    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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    Item Reviewed: Leading Questions under Qanun-e-Shahadat Order Rating: 5 Reviewed By: Usman Ali
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