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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 93: Exclusion of evidence to explain or amend ambiguous document
- Section 164: Using, as evidence, of document production of which was refused on notice
- Section 153: Exclusion of evidence to contradict answers to questions testing veracity
- Section 145: Cross-examination as to previous Statements in writing
- Section 65A: Special provisions as to evidence relating to electronic record
Related Acts
* Only for reference.