Section 146 BSA: Leading questions

Bharatiya Sakshya Adhiniyam, 2023

Section 146 BSA at a Glance

Section 146 BSA deals with leading questions. It replaced Sections 141, 142 and 143 IEA on 1 July 2024.

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Section 141, Section 142, Section 143 →

Section 146 BSA Bare Act 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.

Source: Section 146, Bharatiya Sakshya Adhiniyam, 2023

Section 146 BSA in Simple Words

Section 146 of the Bharatiya Sakshya Adhiniyam, 2023 defines a leading question and sets out when a party can or cannot ask one in court. Under Section 146(1) BSA, a question is a leading question if it suggests the reply that the questioner wants or expects to get.

Under Section 146(2) BSA, a party must not ask leading questions during examination-in-chief (the initial questioning by the side that called the witness) or re-examination (further questioning by that side after cross-examination) if the adverse party (the opposing side) objects, unless the court gives permission. Under Section 146(3) BSA, the court must permit leading questions on matters that are introductory, undisputed, or already sufficiently proved in the opinion of the court.

Under Section 146(4) BSA, a party may ask leading questions during cross-examination (questioning of a witness by the opposing side).

When Section 146 BSA Applies

  • 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.

Example of Section 146 BSA

In 2025, during a trial in Lucknow, a lawyer calls Ramesh for examination-in-chief and asks a question that suggests the answer about a disputed payment to Anita. The lawyer for Anita objects to the question as a leading question under Section 146(1) BSA. Because the payment is disputed and not introductory or already proved, the court sustains the objection under Section 146(2) BSA and does not allow the lawyer to put that leading question to Ramesh during examination-in-chief.

When Section 146 BSA Does Not Apply

  • The bar on asking leading questions in examination-in-chief or re-examination after an objection does not apply if the court grants permission.
  • The court must grant permission for leading questions on matters that are introductory, undisputed, or already sufficiently proved in the opinion of the court.
  • The restriction on leading questions does not apply to cross-examination, where leading questions are permitted.

Section 146 BSA in the IEA (Previous Law)

Section 146 BSA replaced Sections 141, 142 and 143 IEA from 1 July 2024.

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.

FAQs on Section 146 BSA

What is Section 146 BSA?▼

Section 146 of the Bharatiya Sakshya Adhiniyam, 2023 defines leading questions and sets the rules for when they can or cannot be asked. It restricts leading questions in examination-in-chief and re-examination if the opposing side objects, requires the court to permit them for introductory, undisputed, or sufficiently proved matters, and allows them in cross-examination.

Can a party ask a leading question during examination-in-chief under Section 146 BSA?▼

No, not if the opposing party objects, unless the court gives permission. Under Section 146(3) BSA, the court must give permission when the question is about an introductory, undisputed, or already sufficiently proved matter.

Are leading questions allowed in cross-examination under Section 146 BSA?▼

Yes. Under Section 146(4) BSA, a party may ask leading questions during cross-examination.

What happens if the opposing party does not object to a leading question in examination-in-chief under Section 146 BSA?▼

Section 146(2) BSA prohibits leading questions in examination-in-chief or re-examination only if the adverse party objects. Without an objection from the opposing side, the prohibition in Section 146(2) BSA is not triggered.

What is Section 146 BSA in IEA?▼

Sections 141, 142 and 143 IEA. On 1 July 2024, Sections 141, 142 and 143 IEA were placed together in Section 146 BSA, with Section 141 IEA becoming Section 146(1) BSA, Section 142 IEA becoming Sections 146(2) and 146(3) BSA, and Section 143 IEA becoming Section 146(4) BSA.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·