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  • Leading Qustin in Examination-in-Chief - Permissibility of Advocate asking questions Query

  • General Principle - In Examination-in-Chief, the advocate leading the witness to elicit their own testimony is generally permissible, provided it does not involve leading questions that suggest the answer. Leading questions are typically disallowed during Examination-in-Chief unless the witness is hostile, a child, or otherwise unable to testify effectively Indra Sawhney VS Union Of India - Supreme Court.

  • Judicial View - Courts have upheld the practice of advocates asking leading questions in Examination-in-Chief when necessary to clarify facts or when the witness is uncooperative or hesitant. The primary concern is to ensure the witness's testimony is elicited in a manner consistent with their testimony and not suggestive or argumentative Indra Sawhney VS Union Of India - Supreme Court.

  • Main Point - While leading questions are more common in Cross-Examination, they can be permitted in Examination-in-Chief under specific circumstances, especially to facilitate the witness's narration or when the witness is unable to communicate effectively Indra Sawhney VS Union Of India - Supreme Court.

  • Conclusion - It is permissible for an advocate to ask leading questions in Examination-in-Chief in certain situations, but generally, the questions should be open-ended to avoid undue influence. The court's discretion and the context of the testimony determine the acceptability Indra Sawhney VS Union Of India - Supreme Court.

References:
Indra Sawhney VS Union Of India - Supreme Court

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