What is a leading question, and why is the other side's lawyer allowed to ask one?

"Leading question" is a legal term you may hear in court, sometimes as an objection: "Objection, Yang Arif, my learned friend is leading the witness." This guide explains what a leading question is, when it is allowed, and why that matters for a witness. It is court familiarisation; your duty throughout is to tell the truth.

What is a leading question?

Section 141 of the Evidence Act 1950 defines a leading question as any question suggesting the answer which the person putting it wishes or expects to receive.

Compare:

• Open question: "What happened when you reached the junction?"
• Leading question: "When you reached the junction, the lorry was already moving, wasn't it?"

The second question tells you the answer the lawyer expects. Many leading questions end with "didn't you?", "isn't that right?" or "I suggest that…".

When are leading questions not allowed?

Under section 142, leading questions must not be asked in examination-in-chief or re-examination if the other side objects, except with the court's permission. The court generally permits them on matters that are introductory, undisputed, or already sufficiently proved, such as your name and occupation.

The reason is fairness: the evidence should come from the witness's own memory, not from the lawyer who called them and who may know what answer helps their case.

Why can the other side's lawyer ask them?

Under section 143, leading questions may be asked in cross-examination. Cross-examination exists to test your evidence, and the cross-examining lawyer is not on your side, so there is less risk that you will simply adopt their suggestion. Leading questions also let the lawyer put their side's version to you clearly, so you can agree or disagree.

The Act and the court still place limits. The question must be relevant, and the court can disallow questions that are improper, scandalous or intended to insult or annoy (sections 151 and 152). The judge controls the questioning.

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How should I answer a leading question?

1. Listen to every part of the question. A leading question may combine a true part and an untrue part.
2. Do not agree just because it sounds confident. If the suggestion is wrong, say "No" or "That is not correct", and briefly say what is correct if needed.
3. If part is right and part is wrong, say so: "I agree I was at the junction, but I did not see the lorry move."
4. If you do not know, say so. Do not adopt a suggestion to fill a gap in your memory.
5. Stay polite. You do not need to argue; a clear, honest answer is enough.

What should I prepare?

• Re-read your own statement and documents, so you know what you actually remember.
• Understand the stages of questioning; see cross-examination vs examination-in-chief.
• Know that you may ask for a question to be repeated or broken down.

Common mistakes

• Saying "yes" to the whole question when only part of it is true.
• Treating leading questions as unfair and becoming defensive.
• Changing your evidence because the lawyer seems certain.
• Answering before the question is finished.
• Guessing when the honest answer is "I don't know".

Example

In a road accident claim in Johor Bahru, the defendant's lawyer asked a witness: "You were looking at your phone when the collision happened, weren't you?" The witness had glanced at her phone a minute earlier but was looking at the road at the moment of impact. She answered: "I had looked at my phone before, but at the time of the collision I was looking at the road." That was accurate and complete.

When to speak to a lawyer

If you are a party preparing for trial, your lawyer can explain how the other side is likely to cross-examine. If you are a witness concerned about your own position, seek independent advice. Contact us; every case depends on its facts.

Frequently asked questions

Is a leading question a trick?

No. It is a normal, lawful form of question in cross-examination. Just listen carefully.

Can I object to a leading question?

Objections are made by the lawyers, not the witness. If you are unsure about a question, you may ask the judge.

What if I agree by mistake?

Correct it as soon as you realise: "Sorry, I need to correct my last answer."

Can the judge ask leading questions?

The judge has wide power under section 165 to ask questions to clarify the evidence.

Are "yes or no" questions always leading?

Not always. A question is leading if it suggests the expected answer.

Sources & fact check

Legal points in this article were checked against the primary sources below. The law can change; this is general information, not legal advice.

1. Evidence Act 1950 (Act 56), Part III Chapter X: examination of witnesses (ss.137-166), AGC Laws of Malaysia
2. Office of the Chief Registrar, Federal Court of Malaysia (Judiciary portal)

Fact-checked on 17 Oct 2026