Section 141 IEA: Leading questions

Indian Evidence Act, 1872

Section 141 IEA at a Glance

Section 141 IEA deals with leading questions. From 1 July 2024 it is replaced by Section 146(1) BSA.

Section 141 IEA Bare Act Text

141. Leading questions

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

Source: Section 141, Indian Evidence Act, 1872

Section 141 IEA in Simple Words

Section 141 of the Indian Evidence Act, 1872 defined what counts as a leading question during the questioning of a witness. Under the Act, any question that suggested the reply which the questioner wanted or expected to get was a leading question.

Whether a question was leading turned on whether the wording of the question pointed toward a particular answer. The definition covered both an answer that the person asking the question wished to receive and an answer that the person expected to receive.

When Section 141 IEA Applies

  • 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.

Example of Section 141 IEA

In 2021, during a hearing in Bhopal, a lawyer questioned Ramesh about a dispute with Anita. The lawyer asked whether Anita was standing near the gate during the dispute, expecting an affirmative answer from Ramesh. Because that question suggested the reply that the lawyer wanted to get, the question put to Ramesh was a leading question under Section 141 IEA.

Section 141 IEA in the BSA

Section 141 IEA is now covered under Section 146(1) BSA.

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.

View detailed comparison (IEA 141 vs BSA 146(1)) โ†’

FAQs on Section 141 IEA

What is Section 141 IEA?โ–ผ

Section 141 of the Indian Evidence Act, 1872 defines a leading question. It states that a question is a leading question if it suggests the answer that the person asking the question wishes or expects to get.

Does a question count as a leading question under Section 141 IEA if the questioner only expects the suggested answer?โ–ผ

Yes. Section 141 IEA covers any question that suggests the answer which the questioner either wishes to get or expects to get.

What is Section 141 IEA in BSA?โ–ผ

Section 146(1) BSA. On 1 July 2024, Section 141 IEA became Section 146(1) BSA with the same rule, while Sections 141, 142 and 143 IEA were placed together in Section 146 BSA.

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

Sources: Bare Act Text, Indian Evidence Act, 1872 ยท