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Section 104 of Indian Evidence Act, 1872

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Section 104 of Indian Evidence Act, 1872 deals with Burden of proving fact to be proved to make evidence admissible

From the Act

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.


(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.


Related Cases / Recent Cases / Case Laws

Other related sections from the Act

Related Acts

Related term

  • Evidence
  • Witness
  • Section 101: Burden of proof
  • Section 102: On whom burden of proof lies
  • Section 103: Burden of proof as to particular fact
  • Section 105: Burden of proving that case of accused comes within exceptions
  • Section 106: Burden of proving fact especially within knowledge
  • Section 107: Burden of proving death of person known to have been alive within thirty years
  • Section 108: Burden of proving that person is alive who has not been heard of for seven years
  • Section 109: Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
  • Section 110: Burden of proof as to ownership
  • Section 111: Proof of good faith in transactions where one party is in relation of active confidence