Indian Evidence Act 1872: Leading Questions and Witnesses Quiz

Court Proceedings and Witnesses

• In a trial, a witness can only give a Yes/No answer.
• Leading questions can only be asked by an opposition lawyer.
• The rules for leading questions are defined by sections 141, 142, and 143 of 18A.

Types of Witnesses

• An expert witness can be summoned to the court by either the Public Prosecutor (prosecution witness) or the Defense Lawyer (defense witness).
• A prosecution witness is summoned by the Public Prosecutor, while a defense witness is summoned by the Defense Lawyer.

Examination of Witnesses

• The examinations are conducted by:
  • Prosecution witness
  • Defense witness
  • Chief examiner
  • Public prosecutor
  • Defense lawyer
  • Cross-examiner
  • Re-direct examiner
  • Judge

Judge's Role

• The judge can ask questions at any stage of the trial to anyone, about anything (section 165 of the Indian Evidence Act).
• The judge has no restrictions on questioning.
• The judge can recall or re-examine any witness in court based on need (section 311 of the CrPC).

Volunteering of Statements

• An expert witness can volunteer a statement with the permission of the court to clarify a statement after a leading question in cross-examination to avoid misinterpretation.

Hostile Witness

• A hostile witness is an adverse or unfavourable witness who conceals the truth.
• A hostile witness does not favour the same side that called them.
• A hostile witness contradicts their previous statement.
• If a witness is declared hostile by a judge, the same side lawyer can ask them leading questions (section 154 of 18A).