107. The burden of proving any fact necessary to be proved in order to enable any person to give evidence of any other fact is on the person who wishes to give such evidence Illustrations. (a) A wishes to prove a dying declaration by B. A must prove B's death. (b) A wishes to prove, by secondary evidence, the contents of a lost document. A must prove that the document has been lost.
Evidence Act Section 104 in BSA: Section 107
Burden of proving fact to be proved to make evidence admissible
Section 104 of the Indian Evidence Act, 1872 (Burden of proving fact to be proved to make evidence admissible) corresponds to Section 107 of the Bharatiya Sakshya Adhiniyam, 2023, in force from 1 July 2024.
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Text of BSA Section 107
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