BSA §107
The burden of proving any fact necessary to be proved in order.
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Comparison
104. 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.
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.
What changedAI-inferred
Burden of proving fact to be proved to make evidence admissible.
Old position
IEA 104 is concerned with Burden of proving fact to be proved to make evidence admissible. Burden of proving fact to be proved to make evidence admissible
New position
BSA 107 preserves the framework with drafting modernisations as required by the new code. Topic: The burden of proving any fact necessary to be proved in order.. 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
BSA 107 (The burden of proving any fact necessary to be proved in order.) preserves the framework of IEA 104. BSA 107 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BSA 107 text: The burden of...
Editorial deltaAI-indicated (source-linked)
BSA 107 (The burden of proving any fact necessary to be proved in order.) preserves the framework of IEA 104. BSA 107 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BSA 107 text: 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...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IEA 104 continues to apply. For matters from that date forward, BSA 107 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BSA 107 (The burden of proving any fact necessary to be proved in order.). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Indian Evidence Act, 1872
- Gazette of India — Bharatiya Sakshya Adhiniyam, 2023
Cite this page
Newlaws.in, IEA §104 → BSA §107 Mapping Page, last updated 2026-05-01, accessed 2026-06-14, https://newlaws.in/bsa/107.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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