What is Section 107 BSA?

Section 107 of the Bharatiya Sakshya Adhiniyam, 2023 places the burden of proving a preliminary fact on the person who wants to give evidence of another fact that depends on it. That person must prove the preliminary fact before giving the other evidence.

Does a party have to prove death before proving a dying declaration under Section 107 BSA?

Yes. Under the illustration to Section 107 BSA, a party who wants to rely on a dying declaration must prove the death of the person who made that declaration.

Must a party prove that a document was lost before giving secondary evidence of it?

Yes. Under the illustration to Section 107 BSA, a party who wants to use secondary evidence for a lost document must prove that the document was lost.

IEA 104 Is Now BSA 107: What Changed

Q: What is Section 107 BSA in IEA?

Section 104 IEA. Section 104 IEA became Section 107 BSA on 1 July 2024 without any change in wording.

Aspect	IEA 1872 (repealed)	BSA 2023 (in force)
Section	104	107
Heading	Burden of proving fact to be proved to make evidence admissible	Same

Aspect

IEA 1872 (repealed)

BSA 2023 (in force)

Section

104

107

Heading

Burden of proving fact to be proved to make evidence admissible

Same

IEA 104 and BSA 107: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 104, IEA 1872

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.

BSA 2023 (in force)

Section 107, BSA 2023

107. 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.

When It Applies: IEA 104 vs BSA 107

Under IEA 104

A person wants to give evidence of a fact in court.
Another fact must be proved first to enable that person to give the evidence.
The person who wants to give the evidence must prove that preliminary fact.

Under BSA 107

A person wants to give evidence of a fact in court.
Another fact must be proved first to enable that person to give the evidence.
The person who wants to give the evidence must prove that preliminary fact.

What IEA 104 to BSA 107 Means in Practice

Section 104 IEA became Section 107 BSA on 1 July 2024 without any change in wording. The same rule applies, and a party in court should cite Section 107 BSA for matters governed by the BSA.

IEA 104 to BSA 107: Burden of proving fact to be proved to make evidence admissible

IEA 104 to BSA 107 at a Glance

What Changed From IEA 104 to BSA 107?

IEA 104 vs BSA 107: Comparison Table

IEA 104 and BSA 107: Bare Act Text Side by Side

When It Applies: IEA 104 vs BSA 107

What IEA 104 to BSA 107 Means in Practice