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1The Evidence Act, 1872

( ACT NO. I OF 1872 )

[ 15th March, 1872 ]

Part III

PRODUCTION AND EFFECT OF EVIDENCE

Chapter VII

OF THE BURDEN OF PROOF

Burden of proving fact to be proved to make evidence admissible

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 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.

  • 1
    Throughout this Act, except otherwise provided, the words "Bangladesh", "Government" and "Taka" were substituted, for the words "Pakistan", "Central Government" and "rupees" or "Rs." respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
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