IEA 141→BSA 146(1)

IEA 141 to BSA 146(1): Leading questions

Section 141 IEA (1872) replaced by Section 146(1) BSA (2023)

View IEA Section 141 →View BSA Section 146(1) →

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

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section141146(1)
HeadingLeading questionsSame

IEA 141 and BSA 146(1): Bare Act Text Side by Side

IEA 1872 (repealed)

Section 141, IEA 1872

141. Leading questions.—Any question suggesting the answer which the person putting it wishes or expects to receive, is called a leading question.
BSA 2023 (in force)

Section 146(1), BSA 2023

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

When It Applies: IEA 141 vs BSA 146(1)

Under IEA 141
  1. A person puts a question that suggests the answer within the question itself.
  2. The suggested answer is the one that the person asking the question wishes or expects to get.
Under BSA 146(1)
  1. A question is a leading question when it suggests the reply that the questioner wants or expects to receive.
  2. 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.
  3. The court must allow leading questions on introductory or undisputed matters, or on matters that the court considers already sufficiently proved.
  4. During cross-examination, the questioning party may ask leading questions.

What IEA 141 to BSA 146(1) Means in Practice

Section 141 IEA became Section 146(1) BSA on 1 July 2024, and the definition of a leading question is unchanged. Sections 141, 142 and 143 IEA sit together as sub-sections of Section 146 BSA. The same rule applies, and a party or lawyer should cite Section 146(1) BSA for matters governed by the BSA.

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 ·