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Section 104: Burden of proving fact to be proved to make evidence admissible

The Indian Evidence Act, 1872Central Act · Act 1 of 1872

Repealed. This text is published for reference. It is not in force, and it should not be relied on as current law without checking what replaced it. Repealed by the Bharatiya Sakshya Adhiniyam, 2023, with effect from 1 July 2024

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.

Where this provision sits

ActThe Indian Evidence Act, 1872
Section104
Marginal noteBurden of proving fact to be proved to make evidence admissible
JurisdictionCentral
StatusRepealed
Judgments citing it3

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