Law4u - Made in India

What Is BSA Section 107?

Answer By law4u team

Bhartiya Sakshya Adhiniyam, 2023 - Section 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.

Brefe Detail

Section 107 of the Bhartiya Sakshya Adhiniyam, 2023, establishes that if a person wants to present evidence regarding a specific fact, they must first prove any underlying facts that are essential for that evidence to be considered admissible in court. This section emphasizes the importance of establishing foundational facts before introducing related evidence.

Question & Answers

What does Section 107 of the Bhartiya Sakshya Adhiniyam, 2023 state?

It states that the burden of proving any fact necessary to enable a person to give evidence of another fact lies on the person wishing to provide that evidence.

Who is responsible for proving the underlying facts?

The person who wishes to present the evidence is responsible for proving the necessary underlying facts.

What is the first illustration in this section?

A must prove B's death in order to present B's dying declaration as evidence.

What must A prove in the second illustration?

A must prove that the document has been lost in order to use secondary evidence to show its contents.

Example

Example of Dying Declaration:

If A wants to present a statement made by B on their deathbed, A must first provide proof that B has indeed passed away.

Example of Secondary Evidence:

If A is attempting to introduce the contents of a document that has been misplaced, A must demonstrate that the original document is lost before secondary evidence can be accepted.

Summary

Section 107 of the Bhartiya Sakshya Adhiniyam, 2023, clarifies that the responsibility of proving necessary foundational facts lies with the party wishing to present related evidence. This ensures that any evidence brought forth in court is supported by relevant and established facts, contributing to the integrity of the judicial process.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Venkataramana Mustyala

Advocate Venkataramana Mustyala

Civil, Banking & Finance, Cheque Bounce, Breach of Contract, Criminal, Divorce, Documentation, GST, Domestic Violence, Family, Insurance, Landlord & Tenant, Motor Accident, Property, Succession Certificate, Revenue

Get Advice
Advocate Marrikunta Purushothama Reddy

Advocate Marrikunta Purushothama Reddy

Civil,Corporate,GST,NCLT,Property,RERA,Tax,Wills Trusts,Trademark & Copyright,

Get Advice
Advocate Rajendranath Upadhyay

Advocate Rajendranath Upadhyay

Civil,Consumer Court,High Court,Labour & Service,Property,

Get Advice
Advocate Anjay Mishra

Advocate Anjay Mishra

Civil, Criminal, High Court, Divorce, Cheque Bounce, Anticipatory Bail, Family, Property, Motor Accident, Revenue

Get Advice
Advocate Ajit Bonia

Advocate Ajit Bonia

Criminal,High Court,Domestic Violence,Cyber Crime,Anticipatory Bail,

Get Advice
Advocate Nikhil Agrawal

Advocate Nikhil Agrawal

Anticipatory Bail, Cheque Bounce, Child Custody, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Muslim Law, Trademark & Copyright, R.T.I

Get Advice
Advocate Mahaveer Singh

Advocate Mahaveer Singh

Anticipatory Bail,Cheque Bounce,Child Custody,Consumer Court,Corporate,Criminal,Cyber Crime,Divorce,Domestic Violence,Family,Motor Accident,R.T.I,

Get Advice
Advocate V M H

Advocate V M H

Cheque Bounce, Civil, Divorce, Family, Motor Accident, Succession Certificate

Get Advice

Bhartiya Sakshya Adhiniyam (BSA) Related Questions

Discover clear and detailed answers to common questions about Bhartiya Sakshya Adhiniyam (BSA). Learn about procedures and more in straightforward language.