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 Mahesh Sharma

Advocate Mahesh Sharma

Cheque Bounce, Civil, Criminal, Divorce, Domestic Violence, Family, Insurance, Motor Accident, Property, R.T.I, Revenue

Get Advice
Advocate Shivam Chaturvedi

Advocate Shivam Chaturvedi

Anticipatory Bail, Arbitration, Banking & Finance, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Divorce, Domestic Violence, Family, High Court, Succession Certificate

Get Advice
Advocate Nirmala Upadhya

Advocate Nirmala Upadhya

Arbitration,Cheque Bounce,Civil,Consumer Court,Criminal,Family,High Court,Labour & Service,Motor Accident,NCLT,

Get Advice
Advocate Rajnikanth Parmar

Advocate Rajnikanth Parmar

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Wills Trusts

Get Advice
Advocate Brijesh Chouriya

Advocate Brijesh Chouriya

Cheque Bounce, Criminal, Civil, Family, Motor Accident

Get Advice
Advocate Vikram Singh

Advocate Vikram Singh

Anticipatory Bail, Court Marriage, Cyber Crime, Divorce, GST, Domestic Violence, Family, Motor Accident, Recovery, Child Custody, Cheque Bounce, Consumer Court, Criminal, Customs & Central Excise, Armed Forces Tribunal, Bankruptcy & Insolvency, Breach of Contract, Banking & Finance, Corporate

Get Advice
Advocate Anshuman Pandey

Advocate Anshuman Pandey

Anticipatory Bail, Breach of Contract, Cheque Bounce, Civil, Court Marriage, Criminal, Divorce, Documentation, Domestic Violence, Family, Landlord & Tenant, Property, R.T.I, RERA, Revenue, Arbitration, Banking & Finance, Cyber Crime, High Court, Media and Entertainment, Motor Accident, Muslim Law, Succession Certificate

Get Advice
Advocate Swati

Advocate Swati

Civil, Criminal, Domestic Violence, Cheque Bounce, Consumer Court, Divorce, Family, High Court, Landlord & Tenant, Labour & Service, Anticipatory Bail, Breach of Contract, Documentation, Motor Accident, Muslim Law, Succession Certificate, Wills Trusts, Child Custody, Court Marriage

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.