Section 107 Earlier Evidence Act 104
Burden of proving fact to be proved to make evidence admissible
Chapter 7: Of the burden of proof
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.
The Bharatiya Sakshya Adhiniyam, 2023 (Act No. 47 of 2023). As printed in the Gazette on 25 December 2023. Later amendments, if any, are not included.
Related sections
- 104Burden of proofEvidence Act 101
- 105On whom burden of proof liesEvidence Act 102
- 106Burden of proof as to particular factEvidence Act 103
- 108Burden of proving that case of accused comes within exceptionsEvidence Act 105
- 109Burden of proving fact especially within knowledgeEvidence Act 106
- 110Burden of proving death of person known to have been alive within thirty yearsEvidence Act 107