Section 103 of Evidence Act "Burden of proof as to particular fact"
The burden of proof as to any particular fact lies on that person who wishes the Court to believe in its existence, unless it is provided by any law that the proof of that fact shall lie on any particular person.
Illustration
[(a)] A prosecutes B for theft, and wishes the Court to
believe that B admitted the theft to C, A must prove the
admission.
B wishes the Court to believe that, at the time in question,
he was elsewhere. He must prove it.
Section 104 of Evidence Act "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
Bs death.
(b) A wishes to prove, by secondary evidence, the contents
of a lost document.
A must prove that the document has been lost.