Section 104
Burden of proving fact to be proved to make evidence admissible
ActIn forceProvision 106 of 169
Section 104
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 the evidence.
(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.
Act 56