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.
