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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 157: Former statements of witness may be proved to corroborate later testimony as to same fact
- Section 111: Proof of good faith in transactions where one party is in relation of active confidence
- Section 135: Order of production and examination of witnesses
- Section 63: Secondary evidence
- Section 113A: Presumption as to abetment of suicide by a married women
Related Acts
* Only for reference.