IEA 141 to BSA 146(1): Leading questions
Section 141 IEA (1872) replaced by Section 146(1) BSA (2023)
IEA 141 to BSA 146(1) at a Glance
Section 141 IEA (Leading questions) is now Section 146(1) BSA, in force from 1 July 2024. What changed is set out below.
What Changed From IEA 141 to BSA 146(1)?
Section 141 of the Indian Evidence Act, 1872 became Section 146(1) of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. The rule is the same. Sections 141, 142 and 143 of the IEA now sit together in one BSA section.
IEA 141 vs BSA 146(1): Comparison Table
| Aspect | IEA 1872 (repealed) | BSA 2023 (in force) |
|---|---|---|
| Section | 141 | 146(1) |
| Heading | Leading questions | Same |
IEA 141 and BSA 146(1): Bare Act Text Side by Side
Section 141, IEA 1872
Section 146(1), BSA 2023
When It Applies: IEA 141 vs BSA 146(1)
- A person puts a question that suggests the answer within the question itself.
- The suggested answer is the one that the person asking the question wishes or expects to get.
- A question is a leading question when it suggests the reply that the questioner wants or expects to receive.
- During examination-in-chief or re-examination, a party must not ask a leading question if the opposing side objects, unless the court gives permission.
- The court must allow leading questions on introductory or undisputed matters, or on matters that the court considers already sufficiently proved.
- During cross-examination, the questioning party may ask leading questions.
What IEA 141 to BSA 146(1) Means in Practice
FAQs: IEA 141 to BSA 146(1)
Did combining Sections 141, 142 and 143 IEA into Section 146 BSA change the definition of a leading question?▼
No. The definition in Section 141 IEA was placed into Section 146(1) BSA with identical wording, while the rules in Sections 142 and 143 IEA became Sections 146(2) to 146(4) BSA.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Indian Evidence Act, 1872 · Bharatiya Sakshya Adhiniyam, 2023 ·