Section 107 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Here's a detailed explanation of Section 107 of the Bharatiya Sakshya Adhiniyam (BSA), 2023, in English:
📘 Section 107 – Burden of Proving Fact to Make Evidence Admissible
Text of Section 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.(aaptaxlaw.com)
🔍 Understanding the Provision
Section 107 establishes that if a person intends to present evidence of a particular fact, they must first prove any foundational facts that are necessary for the admissibility of that evidence. In essence, it outlines the preliminary burden of proof required before introducing certain types of evidence.
🧩 Illustrations
To clarify the application of Section 107, consider the following examples:
Example 1: Dying Declaration
If a person wishes to present a dying declaration made by an individual (say, B), they must first prove that B is deceased. Without establishing B's death, the dying declaration cannot be admitted as evidence.(sudhirrao.com)
Example 2: Secondary Evidence of a Lost Document
If someone intends to prove the contents of a document that has been lost, they must first demonstrate that the document has indeed been lost. Only after establishing the loss can secondary evidence of its contents be considered.(myjudix.com)
⚖️ Practical Implications
Section 107 ensures that courts do not admit evidence that is based on unproven or speculative facts. By placing the burden of proving foundational facts on the party wishing to introduce certain evidence, it maintains the integrity and reliability of the judicial process.
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