Section 143 IEA: When they may be asked

Indian Evidence Act, 1872

Section 143 IEA at a Glance

Section 143 IEA deals with when they may be asked. From 1 July 2024 it is replaced by Section 146(4) BSA.

Section 143 IEA Bare Act Text

143. When they may be asked

Leading questions may be asked in cross-examination.

Source: Section 143, Indian Evidence Act, 1872

Section 143 IEA in Simple Words

Section 143 of the Indian Evidence Act, 1872 lets a party ask leading questions (questions that suggest the desired answer) during cross-examination (questioning of a witness by the opposing side).

During cross-examination, the person questioning the witness can ask questions that point directly to the reply sought. The provision uses the word may, which makes asking leading questions at this stage permissive.

Section 143 IEA sets the rule for asking leading questions when cross-examining a witness in court. It places no extra condition on asking such questions at that stage.

When Section 143 IEA Applies

  • A witness is being questioned by the opposing side during cross-examination.
  • The party conducting the cross-examination chooses to ask leading questions.

Example of Section 143 IEA

In 2023, Farhan brings a case against Priya in a Jaipur court over a delayed goods delivery. Priya calls Ramesh as a witness to testify about when the delivery truck reached the Jaipur warehouse. During cross-examination, counsel for Farhan asks Ramesh a leading question that directly suggests the delivery truck arrived late. Under Section 143 IEA, the leading question about the late delivery is allowed in cross-examination.

Section 143 IEA in the BSA

Section 143 IEA is now covered under Section 146(4) BSA.

Section 143 of the Indian Evidence Act, 1872 became Section 146(4) 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 143 vs BSA 146(4)) โ†’

FAQs on Section 143 IEA

What is Section 143 IEA?โ–ผ

Section 143 of the Indian Evidence Act, 1872 is the rule that allows leading questions during the cross-examination of a witness. It lets the questioning party ask questions that suggest the expected answer at that stage.

Can a party ask leading questions during cross-examination under Section 143 IEA?โ–ผ

Yes. Under Section 143 IEA, a party may ask leading questions when cross-examining a witness.

What is Section 143 IEA in BSA?โ–ผ

Section 146(4) BSA. From 1 July 2024, the rule in Section 143 IEA sits in Section 146(4) of the Adhiniyam without any change to the rule.

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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