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Section 104 - Indian Evidence Act, 1872
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.
Related Sections
- Section 158: What matters may be proved in connection with proved statement relevant under section 32 or 33
- Section 64: Proof of documents by primary evidence
- Section 131: Production of documents or electronic records which another person, having possession, could refuse to produce
- Section 109: Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
- Section 112: Birth during marriage, conclusive proof of legitimacy
Related Acts
* Only for reference.