Section 142 IEA: When they must not be asked
Indian Evidence Act, 1872
Section 142 IEA at a Glance
Section 142 IEA deals with when they must not be asked. From 1 July 2024 it is replaced by Section 146(2), 146(3) BSA.
Section 142 IEA Bare Act Text
142. When they must not be asked
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.
The Court shall permit leading questions as to matters which are introductory or undisputed, or which have, in its opinion, been already sufficiently proved.
Source: Section 142, Indian Evidence Act, 1872
Section 142 IEA in Simple Words
Section 142 of the Indian Evidence Act, 1872 restricts leading questions (questions that suggest the desired answer) during the questioning of a witness. If the adverse party (the opposing side) objects, a party cannot ask leading questions unless the court gives permission.
This restriction applies during examination-in-chief (initial questioning by the side calling the witness) and during re-examination (follow-up questioning by that same side). Without an objection from the opposing side, or with permission from the court, the bar does not apply.
Section 142 IEA also sets out when the court has to grant permission. The court must allow leading questions about introductory matters or undisputed facts. The court must also allow them on matters that, in the opinion of the court, are already proved well enough.
When Section 142 IEA Applies
- A party is questioning a witness during examination-in-chief or during re-examination.
- The adverse party raises an objection to a leading question being asked at either of those stages.
- The court must permit leading questions on matters that are introductory or not in dispute.
- The court must also permit leading questions on matters that the court considers already proved well enough.
Example of Section 142 IEA
When Section 142 IEA Does Not Apply
- The prohibition does not apply when the court gives permission, which the court must give for introductory, undisputed, or already sufficiently proved matters.
- The prohibition applies only if the adverse party objects to the leading question.
Section 142 IEA in the BSA
Section 142 IEA is now covered under Section 146(2), 146(3) BSA.
Section 142 of the Indian Evidence Act, 1872 became Section 146(2) and (3) of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. The rule is the same, and it is now in two sub-sections. Sections 141, 142 and 143 of the IEA now sit together in one BSA section.
View detailed comparison (IEA 142 vs BSA 146(2), 146(3)) →FAQs on Section 142 IEA
What is Section 142 IEA?▼
Section 142 of the Indian Evidence Act, 1872 is the rule on when leading questions cannot be asked during witness questioning. It stops a party from asking leading questions in examination-in-chief or re-examination if the opposing party objects, unless the court gives permission.
Can a party ask a leading question in examination-in-chief if the opposing party does not object?▼
Yes. Under Section 142 IEA, the restriction on leading questions in examination-in-chief or re-examination applies if the adverse party raises an objection, unless the court grants permission.
Must the court allow leading questions on introductory or undisputed matters?▼
Yes. Section 142 IEA requires the court to permit leading questions on matters that are introductory, undisputed, or already sufficiently proved in the opinion of the court.
What is Section 142 IEA in BSA?▼
Section 146(2) and Section 146(3) BSA. From 1 July 2024, the rule in Section 142 IEA is placed into those sub-sections of the Adhiniyam with the same rule applying.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·