Leading Questions and Cross-Examination Under the BSA (Sections 146 to 148) (2026)
What a leading question is, when you may and may not ask one, and how Sections 146 to 148 of the Bharatiya Sakshya Adhiniyam, 2023 control cross-examination. Which old Evidence Act sections they replaced. Last verified October 2026.
Explainer · Evidence · BSA 2023
The way a question is framed can decide the answer. Ask “you were at the shop at 9pm, were you not?” and you have handed the witness the answer. Ask “where were you at 9pm?” and the witness has to say it in their own words. Indian evidence law treats that difference as central to a fair trial. Sections 146 to 148 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) control when a lawyer may ask a leading question and how a witness may be cross-examined on earlier statements. This explainer explains each rule, and the old Evidence Act sections they replaced. Last verified October 2026.
- What a leading question is: a question that suggests its own answer or puts words into the witness’s mouth.
- New-code sections: Sections 146 to 148 of the Bharatiya Sakshya Adhiniyam, 2023.
- Old sections replaced: Sections 141 to 145 of the Indian Evidence Act, 1872. These are evidence rules, so there is no punishment attached.
- The core rule: leading questions are controlled in examination-in-chief and re-examination, and generally allowed in cross-examination.
- Tracking cases: Claw tracks matters under these sections across 9,102 forums.
01Why the form of a question matters
Evidence is tested through questions. In the first stage, your own witness tells their story. In cross-examination, the other side probes it. The rules on leading questions keep these two stages fair.
If a lawyer could lead their own witness, the witness would just agree with a scripted version. So the law limits leading questions when you call your own witness, and opens them up when you challenge the other side’s witness. Getting this wrong draws an objection and can weaken the record.
02What a leading question is
A leading question is one that suggests the answer the questioner wants, or that puts words into the mouth of the witness. “Did you see the accused run away?” is leading, because it suggests the answer. “What did you see the accused do?” is not.
A leading question hands the witness the answer. The rules decide when that is allowed and when the witness must speak for themselves.
The three stages of witness examination are examination-in-chief (your own witness), cross-examination (the other side’s witness), and re-examination (your witness again, to clear up points raised in cross).
03Section 146: when leading questions are allowed
Section 146 of the BSA sets the core rule, in plain terms:
- In examination-in-chief and re-examination, leading questions may not be asked if the other side objects, except with the court’s permission.
- The court shall allow leading questions on matters that are introductory or undisputed, or that, in its opinion, have already been sufficiently proved.
- In cross-examination, leading questions may be asked. This is the stage where a lawyer can and should put a suggestive case to the witness.
A common objection
If you lead your own witness on a disputed fact, expect “leading, your honour”. Rephrase the question so the witness supplies the fact. In cross-examination, leading is the normal and expected method.
Commentary notes that Section 146 pulls together what old Evidence Act Sections 141, 142 and 143 said about leading questions into one section. The doctrine is unchanged, the drafting is tidier.
04Sections 147 and 148: questioning on writings
Two further sections control how a witness is questioned about documents.
Section 147 deals with evidence about matters that are in writing. In short, if a question is about something recorded in a document, the writing itself is the better evidence, and the court can require it to be produced rather than let a witness speak to its contents from memory.
Section 148 deals with cross-examination as to previous statements in writing. A witness may be cross-examined about an earlier statement they made in writing or reduced to writing, relevant to the matter, without the writing being shown to them, but if the aim is to contradict them with it, the writing must be shown and their attention drawn to the relevant part before it is proved.
05Old law to new law: the mapping
These rules were spread across several sections of the old Evidence Act. The table shows the shift.
| New law (BSA, 2023) | Old law (Evidence Act, 1872) | Subject |
|---|---|---|
| Section 146 | Sections 141 to 143 | Definition of leading questions and when they may be asked |
| Section 147 | Section 144 | Evidence about matters that are in writing |
| Section 148 | Section 145 | Cross-examination on previous statements in writing |
Note a trap in the numbering. “BSA 141” is not the leading-questions rule, it is a different provision. Always read the section text, not just the number, when you move from the Evidence Act to the BSA.
06Practical points for cross-examination
- Lead freely in cross-examination. Put your case in short, pointed, suggestive questions. This is where leading is allowed and expected.
- Do not lead on disputed facts in chief. Let your own witness say the key fact. If you lead, the answer carries less weight and invites objection.
- Show the writing before you contradict. If you plan to confront a witness with their earlier written statement to contradict them, draw their attention to the part first, as Section 148 requires.
- Keep introductory matter moving. The court will let you lead on undisputed or introductory points, so use that to save time.
For related evidence rules, see hostile witnesses under the BSA, who is a competent witness, and BSA vs Evidence Act key changes.
07Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
How courts treat leading questions and cross-examination is built up from the case law. Claw lets you search 30 crore+ judgments on Sections 146 to 148 and the old Evidence Act provisions, with results in under 5 seconds and reaching the Supreme Court from 1950 and the High Courts from 1990, so you can see how similar objections were decided. You can also follow a live matter, its orders and hearings, under these sections or by party or advocate name, across the 9,102 courts, benches and forums on the platform. Start from the all-courts case search hub. Open a free Claw account to search these precedents and track your matter by party or advocate name.
Claw does not use customer case documents to train AI models.
08Sources and further reading
- India Code (Bharatiya Sakshya Adhiniyam, 2023): indiacode.nic.in
- Ministry of Home Affairs (new criminal laws): mha.gov.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text of the BSA and take advice from counsel before you act.
09Frequently asked questions
What is a leading question under the BSA?
A leading question is one that suggests the answer the questioner wants, or puts words into the witness’s mouth. Section 146 of the Bharatiya Sakshya Adhiniyam, 2023 defines it and sets when it may be asked.
Can you ask leading questions in cross-examination?
Yes. Under Section 146, leading questions may be asked in cross-examination. They are generally not allowed in examination-in-chief or re-examination if the other side objects, except with the court’s permission or on introductory, undisputed or already proved matters.
Which old sections do BSA Sections 146 to 148 replace?
Section 146 carries forward the leading-question rules from old Evidence Act Sections 141 to 143. Section 147 corresponds to old Section 144 on evidence as to matters in writing, and Section 148 to old Section 145 on cross-examination about previous statements in writing.
Do you have to show a witness their earlier written statement?
If you want to contradict the witness using that writing, yes. Section 148 requires that the writing be shown and the witness’s attention drawn to the relevant part before it is proved. You may cross-examine on it first without showing it.
Is there a punishment under these sections?
No. Sections 146 to 148 are rules of evidence and procedure, not offences. They control how questions are asked and answered, and carry no punishment.
Can I research how courts handle leading questions in Claw?
Yes. You can search 30 crore+ judgments on Sections 146 to 148 in under 5 seconds and follow related matters, their orders and hearings, by party or advocate name across the 9,102 courts, benches and forums Claw covers.