09/11/2024
*Leading Questions in Examination-in-Chief under Qanun-e-Shahadat Order, 1984*
In criminal trials, prosecutors are generally restricted from asking leading questions—questions that suggest their own answers—during examination-in-chief, as per Article 136 of the Qanun-e-Shahadat Order, 1984. However, Article 137 allows for some exceptions:
*Objection by Opposing Party:* If there is no objection, leading questions are allowed. Even with an objection, the court may permit leading questions on introductory, undisputed, or proven matters.
*Court’s Discretion:* The court has the authority to allow leading questions when it aids clarity on established or preliminary facts.
To avoid leading questions, prosecutors often use the "Five Ws" approach—asking when, where, what, who, and why—allowing witnesses to explain in their own words. Additionally, they may reorganize questions to focus on key details, enhancing the narrative's impact.
*Case Reference:* Rao Hamayun Waqas Vs The State, 2024 YLR 2546; PLJ 2024 Cr.C 989
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