107. 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.
Bharatiya Sakshya Adhiniyam, 2023
Section 101 Evidence as to meaning of illegible characters, etc
Section 102 Who may give evidence of agreement varying terms of document
Section 103 Saving of provisions of Indian Succession Act relating to wills
Section 105 On whom burden of proof lies
Section 106 Burden of proof as to particular fact
Section 107 Burden of proving fact to be proved to make evidence admissible
Section 108 Burden of proving that case of accused comes within exceptions
Section 109 Burden of proving fact especially within knowledge
Section 110 Burden of proving death of person known to have been alive within thirty years