Burden of proving fact to be proved to make evidence admissible
Section 104 of the Indian Evidence Act, 1872 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. The Act came into force on 01 Sep 1872. Repealed by section 170 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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 104, The Indian Evidence Act, 1872 (Act 1 of 1872).
Now in the Bharatiya Sakshya Adhiniyam
BSA 107 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 The repealed enactment still governs what happened while it was in force.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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
-
… No harm and prejudice would be caused in case the petitioner undertakes the test of DNA as the cat would be out of the bag and urged this Court for dismissal of this original petition by upholding the order under challenge. 7. We have heard the learned counsel for the parties and apprised the paper book. 8. Sections 101, 102, 103 and 104 of the Indian Evidence Act lay heavy onus upon a party asserting a particular fact. We have been informed that the respondent has not led an iota of evidence in support of the averments in the petition. Owing to the said scenario in the society, spate of 5 litigation come up before the court seeking …
-
… Section 103 of the Indian Evidence Act, 1872 provide that 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. Section 104 of the Indian Evidence Act, 1872 provides that 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. These four sections must be always in the mind of the learned Trial Court while deciding issues and …
-
… In this context, it is worth to refer to a decision of the Hon'ble Apex Court reported in (2004) 7 Supreme Court Cases 107 in the case of Dayamathi Bai (Smt.) vs. K.M. Shaffi, wherein the Hon'ble Apex Court has observed while dealing with Sections 65, 90 and 104 of the Indian Evidence Act at paragraphs-13, 14 and 15 to the effect that, "The appellant not objecting to the certified copy of registered sale deed being marked Ex.P1 and admitted in evidence, but later on objecting and submitting that only after the document becomes incapable of being proved for want of …
Questions about Section 104
What does Section 104 of the Indian Evidence Act deal with?
Section 104 of the Indian Evidence Act 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.
How do I find court cases under Section 104 of the Indian Evidence Act?
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: IEA 104, section 104 IEA, section 104 of the Indian Evidence Act. 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 104 of the Indian Evidence Act, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BSA 107 (Burden of proving fact to be proved to make evidence admissible), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 104 of the Indian Evidence Act come into force?
Section 104 of the Indian Evidence Act, cited as IEA 104, came into force on 01 Sep 1872, having been enacted on 15 Mar 1872. It is no longer in force.
Other sections of this Act
- 32. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant1207 words
- 14. Facts showing existence of state of mind, or of body of bodily feeling1080 words
- 92. Exclusion of evidence of oral agreement809 words
- 8. Motive, preparation and previous or subsequent conduct773 words
- 65B. Admissibility of electronic records743 words
- 3. Interpretation-clause667 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. Recovered from the consolidated text published by India Code (item e51341fa-7528-4327-9a57-5d194e16db6f). This page is not a substitute for legal advice.