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Section 104 - Burden of proving fact to be proved to make evidence admissible | Indian Evidence Act, 1872 vs The Bharatiya Sakshya Adhiniyam, 2023 | LawFinder

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Indian Evidence Act, 1872 Section 104The Bharatiya Sakshya Adhiniyam, 2023 Section 107

Indian Evidence Act, 1872

Section 104

Burden of proving fact to be proved to make evidence admissible

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Indian Evidence Act, 1872

104. Burden 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.

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The Bharatiya Sakshya Adhiniyam, 2023

Section 107

Burden of proving fact to be proved to make evidence admissible

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The Bharatiya Sakshya Adhiniyam, 2023

107. Burden 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.

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