Leading questions can be asked during

Question

Under evidence law 'fact' does not include:

Answer 1

The Evidence Act treats examination-in-chief, cross-examination, and re-examination differently for leading questions.

Examination-in-chief and re-examination: Both are conducted by (or on behalf of) the party who called the witness, and Section 142 bars leading questions here so the witness's own account is not shaped by the questioner.
Cross-examination: Conducted by the opposing party to test the witness, and Section 143 specifically permits leading questions here, since suggestive questioning is the very tool used to probe and challenge testimony.

Because the permission to lead applies only to the adversarial stage of questioning, the correct answer is Cross-examination.

Answer 2

Considering why each stage exists explains the rule on leading questions.

Examination-in-chief: Its purpose is to let the witness give an honest, independent narration supporting the party who called them; permitting leading questions here would let the advocate effectively testify through the witness, so the law disallows it.
Re-examination: This exists only to clear up matters that arose during cross-examination, again through the witness's own words, so the same restriction on leading questions applies as in the examination-in-chief.
Cross-examination: Its purpose is adversarial testing, exposing inconsistencies, bias, or weaknesses in the witness's account. Suggestive, pointed questions are essential to that function, which is why the law makes a deliberate exception and allows leading questions here.
None of these: Incorrect, since the exception clearly exists for cross-examination.

The adversarial purpose of cross-examination is precisely why the law permits leading questions there and nowhere else without the court's leave.

Therefore, the correct answer is Cross-examination.

Answer 3

Considering why each stage exists explains the rule on leading questions.

Examination-in-chief: Its purpose is to let the witness give an honest, independent narration supporting the party who called them; permitting leading questions here would let the advocate effectively testify through the witness, so the law disallows it.
Re-examination: This exists only to clear up matters that arose during cross-examination, again through the witness's own words, so the same restriction on leading questions applies as in the examination-in-chief.
Cross-examination: Its purpose is adversarial testing, exposing inconsistencies, bias, or weaknesses in the witness's account. Suggestive, pointed questions are essential to that function, which is why the law makes a deliberate exception and allows leading questions here.
None of these: Incorrect, since the exception clearly exists for cross-examination.

The adversarial purpose of cross-examination is precisely why the law permits leading questions there and nowhere else without the court's leave.

Therefore, the correct answer is Cross-examination.

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