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 Navin Chaudhry

Advocate Navin Chaudhry

Anticipatory Bail,Bankruptcy & Insolvency,Cheque Bounce,Civil,Consumer Court,Criminal,Divorce,Domestic Violence,Family,Recovery,

Get Advice
Advocate Ranjeet Karsarpe

Advocate Ranjeet Karsarpe

Anticipatory Bail, Arbitration, Cheque Bounce, Court Marriage, Criminal, Divorce, Domestic Violence, Family, Motor Accident, Succession Certificate

Get Advice
Advocate Vipul Vaibhav

Advocate Vipul Vaibhav

Anticipatory Bail, Banking & Finance, Bankruptcy & Insolvency, Civil, Cheque Bounce, Breach of Contract, Divorce, Cyber Crime, Documentation, GST, Family, Domestic Violence, High Court, Insurance, Immigration, Labour & Service, Landlord & Tenant, Motor Accident, R.T.I, Recovery, Property, Supreme Court, Succession Certificate, Arbitration, Court Marriage, Customs & Central Excise

Get Advice
Advocate Mahendra Bharadwaj

Advocate Mahendra Bharadwaj

Civil, Divorce, High Court, Succession Certificate, Wills Trusts, Criminal, Revenue

Get Advice
Advocate naga manikandan

Advocate naga manikandan

Criminal,Divorce,Family,High Court,International Law,

Get Advice
Advocate Ajay Kumar Gupta

Advocate Ajay Kumar Gupta

Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, High Court, Insurance, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, NCLT, Patent, Property, Recovery, Tax, Supreme Court, Succession Certificate, Trademark & Copyright, Revenue, Wills Trusts, International Law, R.T.I, Family

Get Advice
Advocate Suresh Babu C

Advocate Suresh Babu C

Criminal, High Court, Civil, Consumer Court, Anticipatory Bail, GST, Motor Accident, Family

Get Advice
Advocate Ravendra Tyagi

Advocate Ravendra Tyagi

Arbitration, Cheque Bounce, Family, Domestic Violence, Labour & Service, Revenue, Property, Succession Certificate, Wills Trusts, Civil

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.