Section 146 of BSA : Section 146: Leading questions.
BSA
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Explanation using Example
Example 1:
Scenario: A theft case in a local market.
Context: During the examination-in-chief (initial questioning) of a witness by the prosecution.
Prosecution Lawyer: "Did you see the accused, Mr. Sharma, stealing the wallet from the shop?"
Defense Lawyer: "Objection, Your Honor. This is a leading question."
Judge: "Objection sustained. The prosecution must rephrase the question."
Prosecution Lawyer: "Can you describe what you saw in the shop on the day of the incident?"
Explanation: The initial question suggested the answer that the prosecution wanted, which is not allowed during the examination-in-chief unless permitted by the court. The rephrased question is open-ended and does not suggest an answer.
Example 2:
Scenario: A car accident case.
Context: During the cross-examination of a witness by the defense lawyer.
Defense Lawyer: "Isn't it true that you were texting on your phone when the accident happened?"
Prosecution Lawyer: "Objection, Your Honor. This is a lead...
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