Sections 139, 140 and 141 of the Indian Evidence Act, 1872

Cross-examination of a person called to produce a document, witnesses to character, and leading questions under the Indian Evidence Act, 1872.

Applicable-law note: This article explains the Indian Evidence Act, 1872 position applicable immediately before the Bharatiya Sakshya Adhiniyam, 2023 came into force on 1 July 2024. It is intended for understanding the pre-BSA statutory framework and matters in which the earlier law remains relevant.

Section 139 - Cross-examination of person called to produce a document

Statutory rule A person summoned to produce a document does not become a witness merely because the person produces it, and cannot be cross-examined unless and until called as a witness.

Meaning: Section 139 distinguished between merely producing a document in response to a summons and actually giving evidence as a witness. Production of the document alone did not place the person in the witness box for the purpose of cross-examination.

If a party wanted to question that person as a witness, the person had to be called as a witness in accordance with law. Only then would cross-examination arise. The provision therefore prevented the act of document production, by itself, from being treated as testimonial evidence given by the producer.

Key point: Producing a document and giving oral testimony are legally distinct acts for the purpose of Section 139.

Section 140 - Witnesses to character

Statutory rule Witnesses to character may be cross-examined and re-examined.

Meaning: A character witness was not insulated from the ordinary testing of evidence. Section 140 expressly permitted cross-examination and re-examination of a witness who gave character evidence.

Cross-examination could test the basis, reliability and weight of the character testimony, subject to the other provisions of the Evidence Act governing permissible questions. Re-examination could then be used, within its lawful scope, to explain matters arising from cross-examination.

Section 141 - Leading questions

Definition of a leading question A question suggesting the answer which the person putting it wishes or expects to receive is a leading question.

Meaning: The essential feature of a leading question is suggestion. The wording points the witness toward the answer desired or expected by the examiner instead of simply asking the witness to state the fact from independent recollection.

For example, a question framed as an assertion followed by a request for agreement may be leading where it suggests the material answer. Whether a particular question is leading depends on its substance and context, not merely on whether it can be answered with "yes" or "no".

Sections 142 and 143 - When leading questions could be asked

Section 141 supplied the definition, but the practical rule was completed by Sections 142 and 143 of the Indian Evidence Act, 1872.

Stage of examination	Pre-BSA rule
Examination-in-chief	If the adverse party objected, leading questions could not ordinarily be asked without the Court's permission.
Re-examination	The same restriction applied, subject to permission of the Court.
Introductory, undisputed or sufficiently proved matters	The Court was to permit leading questions on matters falling within these categories.
Cross-examination	Leading questions could be asked.

This distinction reflected the different purposes of examination-in-chief and cross-examination. In chief examination, the witness ordinarily gives the witness's own account; in cross-examination, suggestive questioning is an accepted means of testing the evidence and obtaining admissions, subject to the Court's control and the other rules of evidence.

Practical summary of Sections 139, 140 and 141

Section	Subject	Core rule
139	Person called to produce a document	Mere production of a document does not make the producer a witness or expose the person to cross-examination unless called as a witness.
140	Witnesses to character	A character witness may be cross-examined and re-examined.
141	Leading questions	A question is leading when it suggests the answer the examiner wishes or expects to receive.

Historical-law scope: The Indian Evidence Act, 1872 has been replaced for the current statutory regime by the Bharatiya Sakshya Adhiniyam, 2023 with effect from 1 July 2024. This page deliberately presents the law immediately before that implementation date.