VidhiSangh

Indian Evidence Act, 1872

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

Repealed. Repealed from 1 July 2024. Use it for proceedings preserved by BSA section 170, including specified matters that were pending immediately before commencement.

Part III — Production and Effect of Evidence

104. 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: official text of the Indian Evidence Act, 1872.