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Report No. 185

Section 104

This section refers to the 'Burden of proving fact to be proved to make evidence admissible'. It reads as follows:

"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."

There are two illustrations (a) and (b) below Section 104. They read as follows:

"(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."

In the 69th Report, in para 45.22, it was recommended that no change is necessary in Section 104 and we agree with that recommendation.

Review of the Indian Evidence Act, 1872 Back

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