BSA § 107 · Bharatiya Sakshya Adhiniyam, 2023

Section 107 BSA — Burden of proving fact to be proved to make evidence admissible

Replaces IEA 104 of the Indian Evidence Act, 1872. In force since 1 July 2024.

The text

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.

Source: India Code (indiacode.gov.in). The Gazette of India is the authoritative text.

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