Leading questions
Section 146 of the Bharatiya Sakshya Adhiniyam, 2023 deals with leading questions. Any question suggesting the answer which the person putting it wishes or expects to receive, is called a leading question. The Act came into force on 01 Jul 2024.
(1) Any question suggesting the answer which the person putting it wishes or expects to receive, is called a leading question.
(2) Leading questions must not, if objected to by the adverse party, be asked in an examination-in-chief, or in a re-examination, except with the permission of the Court
(3) The Court shall permit leading questions as to matters which are introductory or undisputed, or which have, in its opinion, been already sufficiently proved.
(4) Leading questions may be asked in cross-examination
Section 146, The Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023).
Replaces a provision of the Indian Evidence Act
IEA 141 Leading questions Text carried over almost unchanged 90%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Parvati Thakur vs Dine Ram
Court's Decision & Legal Precedent
Where a complainant was permitted to be re-examined after cross-examination, the Court held that some of the questions put in re-examination were prima facie in the form of leading questions and therefore beyond the scope of Section 146 of the Bharatiya Sakshya Adhiniyam; but the mere fact that such questions were asked and allowed is not by itself an abuse of process warranting interference under Section 482 CrPC, the remedy being an objection to admissibility and relevance taken at final arguments.
On this section: It applies Section 146 to re-examination, treating the bar on leading questions as extending to re-examination and making the propriety of such questions a matter for the trial court to rule on when objection is taken.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… The questions asked in the re-examination are beyond the scope of re-examination. 4. Prima-facie , some of the questions which have been asked in the re-examination are in the form of leading questions and are beyond the scope of Section 146 of Bharatiya Sakshya Adhiniyam. Therefore, in these circumstances, the petition is disposed of with the liberty to the petitioner (accused before learned Trial Court) to raise the objections regarding the admissibility and relevance of the questions asked in the re-examination at the time of final arguments and …
Questions about Section 146
What have the courts held on Section 146 of the Bharatiya Sakshya Adhiniyam?
Parvati Thakur vs Dine Ram (10 Mar 2025) is the leading judgment on this section among those set out below: It applies Section 146 to re-examination, treating the bar on leading questions as extending to re-examination and making the propriety of such questions a matter for the trial court to rule on when objection is taken.
How do I find court cases under Section 146 of the Bharatiya Sakshya Adhiniyam?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BSA 146, section 146 BSA, section 146 of the Bharatiya Sakshya Adhiniyam. People searching for it also type 146 bsa act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Parvati Thakur vs Dine Ram (10 Mar 2025).
What should I read with Section 146 of the Bharatiya Sakshya Adhiniyam, and has it changed?
It carries forward IEA 141 (Leading questions), so the judgments decided under that provision are the case law on this one.
When did Section 146 of the Bharatiya Sakshya Adhiniyam come into force?
Section 146 of the Bharatiya Sakshya Adhiniyam, cited as BSA 146, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 26. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant1128 words
- 12. Facts showing existence of state of mind, or of body or bodily feeling1076 words
- 95. Exclusion of evidence of oral agreement815 words
- 2. Definitions794 words
- 6. Motive, preparation and previous or subsequent conduct773 words
- 63. Admissibility of electronic records764 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.