Section 104
The text of the Indian Evidence Act, 1872 is not held here: India Code has no complete official copy of it. The section that replaced it is below.
Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Check against the official text before relying on it.
Replaced by
The Bharatiya Sakshya Adhiniyam, 2023, Section 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.
Pair from: BPR&D correspondence tables (bprd.mha.gov.in; A. K. Yadav, CAPT Bhopal)