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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 21: Proof of admissions against persons making them, and by or on their behalf
- Section 113A: Presumption as to abetment of suicide by a married women
- Section 12: In suits for damages, facts tending to enable Court to determine amount are relevant
- Section 68: Proof of execution of document required by law to be attested
- Section 126: Professional communication
Related Acts
* Only for reference.