hadiyaprabhu 21 May 2020

Leading Question

Sir,

what happened or remedy for Defence Lawyer, If public prosecutor asked Leading Question in Chief Examination to prosecution witness without turn hostile the witness.

Even judge not stop to public prosecutor to asked Leading Question before turn hostile the witness.

Probably this happen with Junior advocates case as they do not known the Law of Cross Examination.

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Quick Summary

This discussion addresses the issue of public prosecutors asking leading questions during the chief examination of a prosecution witness, even before the witness becomes hostile. Participants suggest that defence lawyers must object immediately during the chief examination. If the court fails to intervene, remedies include insisting the court stop the questioning or seeking recourse through Section 482 of the CrPC in the High Court for abuse of process. A relevant case, Varkey Joseph vs. State of Kerala, is also cited.

3 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 21 May 2020

Hi,

You have to object questions at the time of chief only. Thereafter you may not have any remedy.

Regards,

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KISHAN DUTT KALASKAR (Advocate) 21 May 2020

You must insist the court to stop such leading questions or recording of evidence.

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hadiyaprabhu 25 June 2020

Thank you to all.
one judgement I got recently which is very important if any prosecutor ask leading question before turn hostile the witness. Named ; Varkey Joseph vs. State of Kerala, [1993- CriLJ- 2010].
hope it will help you in future.

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