Bharatiya Sakshya Adhiniyam, 2023

BSA Section 146

Leading questions

In one line

BSA Section 146 deals with leading questions and replaces Evidence Act 141 (now 146(1)), Evidence Act 142 (now 146(2) & (3)), Evidence Act 143 (now 146(4)).

Bare act text — BSA 146

146. Leading questions.

(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

What changed from the Evidence Act

  • Evidence Act 141 → BSA 146(1): Section 141 IEA is included as subsection (1) of 146 BSA.
  • Evidence Act 142 → BSA 146(2) & (3): Section 142 IEA is included as subsection (2) and (3) of 146 BSA.
  • Evidence Act 143 → BSA 146(4): Section 143 IEA is included as subsection (4) of 146 BSA.

Frequently asked

What was BSA Section 146 in the Evidence Act?

BSA Section 146 (Leading questions) replaces Sections 141, 142, 143 of the Indian Evidence Act, 1872. Evidence Act 141 is now BSA 146(1). Evidence Act 142 is now BSA 146(2) & (3). Evidence Act 143 is now BSA 146(4).

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