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Section 104 - Indian Evidence Act, 1872
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.
Related Sections
- Section 33: Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated
- Section 77: Proof of documents by production of certified copies
- Section 113A: Presumption as to abetment of suicide by a married women
- Section 35: Relevancy of entry in public record made in performance of duty
- Section 78: Proof of other official documents
Related Acts
* Only for reference.