Leading questions can be asked in which pa of interrogation: September 2011
Ans. C: Cross examination In stage of direct examination/ examination in chief, no leading questions are allowed except in those cases in which the judge is satisfied that a witness is hostile (hostile witness is one who purposely makes statement contrary to facts) Leading examination are allowed in cross-examination At re-examination, leading questions are not allowed Leading question/ suggestive interrogation It is a question that suggests the answer or contains the information the examiner is looking for. For example, this question is leading: You were at Jacky's bar on the night of July 15, weren't you? It suggests that the witness was at Jacky's bar on the night in question. The same question in a non-leading form would be: Where were you on the night of July 15? This form of question does not suggest to the witness the answer the examiner hopes to elicit. Leading questions may often be answerable with a yes or no (though not all uyes-no questions are leading). Depending on the circumstances leading questions can be objectionable or proper. The propriety of leading questions generally depends on the relationship of the witness to the pay conducting the examination. An examiner may generally ask leading questions of a hostile witness or on cross examination, but not on dire t examination. It is impoant to distinguish between leading questions and loaded questions: questions that are objectionable because they contain implicit assumptions. The classic example is: Have you stopped beating your wife? This type of question is not leading, as it does not suggest that the examiner expects any paicular answer. It is however objectionable because it assumes (among other things) that the witness (1) was married and (2) had in fact beaten his wife in the past, facts which (presumably) have not been established.
Direct examination
Re-direct examination
Cross examination
Anytime during examination