INDIAN EVIDENCE ACT, 1872
BHARATIYA SAKSHYA ADHINIYAM, 2023
104. Burden of proving fact to be proved to make evidence admissible.
107. Burden of proving fact to be proved to make evidence admissible.
changed or removed in old law
changed or added in new law
Similar wording stays plain; only differences are highlighted.
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.
Repealed / replaced by BSA India Code — IEA 1872
BHARATIYA SAKSHYA ADHINIYAM, 2023
107. 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.
Current law India Code — BSA 2023