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CHAPTER VII.––OF THE BURDEN OF PROOF

Section 104: Burden of proving fact to be proved to make evidence admissible

The Indian Evidence Act, 1872 (repealed)

Repealed by the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024.

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.

Now in the BSA

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

104. Burden of proving fact to be proved to make evidence admissible.BSA 107

Questions on this section

1 question in 4 of our papers cite Section 104. Try these from the free papers:

  1. 1. A wishes to prove, by secondary evidence, the contents of a document which he says has been lost. Under Section 107 of the BSA, the burden of proving that the document has been lost lies on:

Practise questions on Criminal Law