Burden of proving fact to be proved to make evidence admissible
Section 107 of the Bharatiya Sakshya Adhiniyam, 2023 deals with 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. The Act came into force on 01 Jul 2024.
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.
Section 107, The Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023).
Replaces a provision of the Indian Evidence Act
IEA 104 Burden of proving fact to be proved to make evidence admissible Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Questions about Section 107
What does Section 107 of the Bharatiya Sakshya Adhiniyam deal with?
Section 107 of the Bharatiya Sakshya Adhiniyam is headed "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.
How do I find court cases under Section 107 of the Bharatiya Sakshya Adhiniyam?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BSA 107, section 107 BSA, section 107 of the Bharatiya Sakshya Adhiniyam. People searching for it also type bsa form 107. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 107 of the Bharatiya Sakshya Adhiniyam, and has it changed?
It carries forward IEA 104 (Burden of proving fact to be proved to make evidence admissible), so the judgments decided under that provision are the case law on this one.
When did Section 107 of the Bharatiya Sakshya Adhiniyam come into force?
Section 107 of the Bharatiya Sakshya Adhiniyam, cited as BSA 107, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 26. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant1128 words
- 12. Facts showing existence of state of mind, or of body or bodily feeling1076 words
- 95. Exclusion of evidence of oral agreement815 words
- 2. Definitions794 words
- 6. Motive, preparation and previous or subsequent conduct773 words
- 63. Admissibility of electronic records764 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.