Bharatiya Sakshya Adhiniyam, 2023
BSA Section 107
Burden of proving fact to be proved to make evidence admissible
In one line
BSA Section 107 deals with burden of proving fact to be proved to make evidence admissible and replaces Evidence Act 104.
Bare act text — BSA 107
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.
Frequently asked
What was BSA Section 107 in the Evidence Act?
BSA Section 107 (Burden of proving fact to be proved to make evidence admissible) replaces Section 104 of the Indian Evidence Act, 1872. Evidence Act 104 is now BSA 107.
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Nearby BSA sections
- BSA 102 — Who may give evidence of agreement varying terms of document
- BSA 103 — Saving of provisions of Indian Succession Act relating to wills
- BSA 104 — Burden of proof
- BSA 105 — On whom burden of proof lies
- BSA 106 — Burden of proof as to particular fact
- BSA 108 — Burden of proving that case of accused comes within exceptions
- BSA 109 — Burden of proving fact especially within knowledge
- BSA 110 — Burden of proving death of person known to have been alive within thirty years
- BSA 111 — Burden of proving that person is alive who has not been heard of for seven years
- BSA 112 — Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
