Section 104 Indian Evidence Act 1872
Section 104 Indian Evidence Act 1872
Section 104 of the Indian Evidence Act 1872 is about ‘Burden of proving fact to be proved to make evidence admissible’. It is under Chapter VII of the Act. Chapter VII is titled ‘OF THE BURDEN OF PROOF‘.
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.
See also:
Section 103 Indian Evidence Act 1872 (Burden of proof as to particular fact)