Section 104
of Evidence Act
ActIn forceProvision 112 of 190
Section 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.
Evidence 78
Burden of proving that case of accused comes within exceptions.