Indian Evidence Act, 1872

Section 104

Burden of proving fact to be proved to make evidence admissible

⚡ Quick Answer Reference: Section 104 IEA

Provision: Section 104 of IEA
Act: Indian Evidence Act, 1872
Classification: evidence
Jurisdiction: India
Summary: This section states that the person who wants to give evidence must prove any fact necessary to make that evidence admissible. This means they have to show that the fact they're trying to prove is true, and that it's relevant to the case.

Statutory Content

What does Section 104 of IEA say?

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.

Indian StandardSection 104, Indian Evidence Act, 1872

Bluebook (21st ed.)Indian Evidence Act, 1872, § 104 (India)

Court Pleading StandardSection 104 of the Indian Evidence Act, 1872

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Meera Reddy (Bar Council ID: AP/2910/2019).

AI Educational GuideAI-generated explanation for educational and research purposes. Original statutory text is preserved exactly.

Section Meaning & Purpose

What does Section 104 of IEA mean?

Plain English Explanation

This section states that the person who wants to give evidence must prove any fact necessary to make that evidence admissible. This means they have to show that the fact they're trying to prove is true, and that it's relevant to the case.

Practical Interpretation

In real-life court cases, this section means that the person who wants to present evidence must first prove the underlying fact that makes that evidence relevant. For example, if someone wants to testify about a conversation they had with someone, they must first prove that the conversation actually took place.

Core Legal Purpose

The core purpose of this section is to ensure that only relevant and true evidence is presented in court. By requiring the person who wants to give evidence to prove the underlying fact, the court can ensure that the evidence is reliable and trustworthy.

Key Legal Elements

•The person who wants to give evidence must prove any fact necessary to make that evidence admissible.
•The fact must be proven to be true and relevant to the case.
•The burden of proof is on the person who wants to give evidence.
•There is no exception or limitation under this section.

Practical Example

Practical Example of Section 104 IEA

Rajesh wants to testify about a conversation he had with Priya. However, Priya denies that the conversation ever took place. To make his testimony admissible, Rajesh must first prove that the conversation actually happened. He can do this by presenting evidence such as a recording of the conversation or a witness who can corroborate his testimony. Once Rajesh proves that the conversation took place, his testimony becomes admissible and can be used as evidence in the case.

Common Questions (FAQ)

Frequently Asked Questions about Section 104 IEA

Q: What is the punishment or consequence under Section 104 of IEA?

This section is a procedural provision and does not prescribe a penal punishment.

Q: Does this section apply to private individuals or public entities?

This section applies to all individuals and entities who want to give evidence in a court case.

Q: Is an offence under this section bailable or cognizable?

This section is a procedural provision and does not prescribe a penal punishment.

Common Questions about Section 104 IEA

What is Section 104 of IEA?

Section 104 of the Indian Evidence Act, 1872 (IEA) defines and regulates "Burden of proving fact to be proved to make evidence admissible". In plain terms: This section states that the person who wants to give evidence must prove any fact necessary to make that evidence admissible. This means they have to show that the fact they're trying to prove is true, and that it's relevant to the case.

What are the elements of Section 104 of IEA?

The essential elements of Section 104 of IEA are: The person who wants to give evidence must prove any fact necessary to make that evidence admissible.; The fact must be proven to be true and relevant to the case.; The burden of proof is on the person who wants to give evidence..

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