Bharatiya Sakshya Adhiniyam, 2023 · Chapter VII: Of the Burden of Proof
Section 107: Burden of proving fact to be proved to make evidence admissible
In plain words
The person who wants to give evidence of a fact must prove any other fact needed to make that evidence admissible.
Example: To prove B's dying declaration, A must prove B is dead. To give secondary evidence of a lost document, A must prove it was lost.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Read the in-depth explanation, with key Supreme Court rulings ↓
Official 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 a lost document. A must prove that the document has been lost.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 25 August 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Understanding this section
Section 107 carries forward section 104 of the Indian Evidence Act: a party who wants to give evidence that depends on a preliminary fact must prove that fact first.
Examples
- Proving the declarant's death before tendering a dying declaration.
- Proving loss of a document before giving secondary evidence of it.
Read with: Section 106 BSA, Section 104 Evidence Act
Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.
Supreme Court judgments citing the section 107
No Supreme Court judgment in our database cites this section yet.