LAW OF EVIDENCE 655
would be favourable to his side, or even put a false gloss upon the whole.
Exceptions to the Rule.
Leading questions are permissible in Examination-in-Chief in the following cases :—
(i) Where the matters are merely introductory, such as a name, occupation of a witness.
(ii) Identification of persons or thing.
(iii) About matters which are not in dispute.
(iv) When a question from its very nature cannot be put except in a leading form.
(v) To contradict evidence already given by a witness on the other side.
E. G.—If the Plaintiff has sworn that the defendant said, “The goods need not all be equal to sample”, the Defendant can and should be asked, “Did you ever say to the Plaintiff that the Goods need not all be equal to sample or any other words to that effect ?”
(vi) Where the witness is hostile. Difference between a hostile and a witness who is unfavourable.
A Witness should always state what happened according to his own personal recollection, and not according to what he has since been told.
Suppose the witness cannot recall the facts and his memory fails, what is to be done ?
There are two ways open :
(1) To assist the memory of a witness by leading questions.
(2) To permit him to refresh his memory by permitting him to refer to any writing which is a record of the fact.
Examples of writings used to refresh memory are—
(i) Entries in diaries.
Entries in call books.
Entries in account-books.
Entries in Railway time-tables.
A witness may refresh his memory by referring to any writing or document made by himself. But he may also refresh his memory from documents made by other persons under his immediate observation.