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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 12: In suits for damages, facts tending to enable Court to determine amount are relevant
- Section 158: What matters may be proved in connection with proved statement relevant under section 32 or 33
- Section 159: Refreshing memory
- Section 58: Facts admitted need not be proved
- Section 107: Burden of proving death of person known to have been alive within thirty years
Related Acts
* Only for reference.