Bharatiya Sakshya Adhiniyam, 2023 · Section 107

BSA 107: earlier IEA 104

Section 107 of the Bharatiya Sakshya Adhiniyam, 2023 replaces Section 104 of the Indian Evidence Act, 1872. BSA 107 deals with burden of proving fact to be proved to make evidence admissible. The Bharatiya Sakshya Adhiniyam came into force on 1 July 2024. Both texts are set out below, side by side, with the changed words marked.

Bharatiya Sakshya Adhiniyam

BSA 107 was IEA 104.

Burden of proving fact to be proved to make evidence admissible.

Carried over
Old wording kept in full
Old · IEA 1872 · Ch. VII
s. 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.
Text read from the official print by OCR. Check it against the print before quoting.
New · BSA 2023 · Ch. VII
s. 107
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.
Text from India Code

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