Evidence Act 104 vs BSA 107: Burden of proving fact to be proved to make evidence admissible
Section 104 of the Indian Evidence Act is now section 107 of the Bharatiya Sakshya Adhiniyam, in force from 1 July 2024. The wording is the same.
Struck out: only in the old section. Marked: new in the new section. Punctuation and capitals are ignored when matching words.
Evidence Act section 104Burden of proving fact to be proved to make evidence admissible
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.
BSA section 107Burden of proving fact to be proved to make evidence admissible
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.
Text of both sections from India Code, as in our Bare Acts library. Footnotes and amendment notes are on the section pages. Find any other section with the section converter.