Trending

Are leading questions allowed in cross-examination?

Are leading questions allowed in cross-examination?

Cross-examination is generally limited to questioning only on matters that were raised during direct examination. Leading questions may be asked during cross-examination, since the purpose of cross-examination is to test the credibility of statements made during direct examination.

What is a leading question in cross-examination?

Leading questions as per Sec 141 of Indian Evidence Act means: a question asked in a way that is intended to produce a desired answer. Leading questions can only be asked during the cross-examination of the witness and only during examination-in-chief and re-examination after the court’s permission.

What is an example of a leading question?

Leading questions are also relevant to courtroom eyewitness testimonies. For example, if an examiner asks a witness whether he was home on the night of the murder, that’s a leading question. The phrasing assumes a murder indeed took place, and leads the witness to answer in a way that directly relates to his home.

When leading questions Cannot be asked?

When leading Questions must not be asked? According to Section 142 of Indian Evidence Act, leading questions may not be asked in Examination-in-chief, or in a Re-examination, except with the permission of the Court.

How do you identify a leading question?

The easiest way to identify a leading question is to notice the biases that it presupposes. After doing this, you can choose to respond in one of these ways: Clearly reject the bias. For instance, when asked: “How much did you enjoy this event?” — you can say, “I did not enjoy the event”.

Can an expert witness be cross examined?

Cross-examining expert witnesses is no easy task. The cross-examining attorney can find himself or herself wading into technical areas in which the expert’s knowledge is far superior. That is why it is critical to prepare and plan the attack long before stepping into the courtroom.

What is the purpose of a leading question?

Leading question is a type of question that pushes respondents to answer in a specific manner, based on the way they are framed. More than often, these questions already contain information that survey creator wants to confirm rather than try to get a true and an unbiased answer to that question.

Can an expert witness give opinions?

Unlike a lay witness, an expert witness does not have to have firsthand knowledge of the case in order to form or to testify to an opinion. Experts are not limited by Rule 702 to testifying as to their opinion.