Section 104

Burden of proving fact to be proved to make evidence admissible.

The Indian Evidence Act, 1872

  • Act 1 of 1872
  • Ministry of Law and Justice
  • Legislative Department
All sections
    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.
     Illustration
     (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.

Source: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

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