IEA Section 104: Burden of proving fact to be proved to make evidence admissible
Indian Evidence Act, 1872 · Chapter 7: The Burden Of Proof
Repealed on 1 July 2024 and replaced by the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
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.
Bare act text for reference, current to 30 June 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 101. Burden of proof
- 102. On whom burden of proof lies
- 103. Burden of proof as to particular fact
- 105. Burden of proving that case of accused comes within exceptions
- 106. Burden of proving fact especially within knowledge
- 107. Burden of proving death of person known to have been alive within thirty years
- 108. Burden of proving that person is alive who has not been heard of for seven years
- 109. Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
- 110. Burden of proof as to ownership
- 111. Proof of good faith in transactions where one party is in relation of active confidence
- 111A. Presumption as to certain offences
- 112. Birth during marriage, conclusive proof of legitimacy
- 113. Proof of cession of territory
- 113A. Presumption as to abetment of suicide by a married woman
- 113B. Presumption as to dowry death
- 114. Court may presume existence of certain facts
- 114A. Presumption as to absence of consent in certain prosecutions for rape