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Indian Evidence Law – Bharatiya Sakshya Adhiniyam 2023-Burden of Proving Fact to be Proved to Make Evidence Admissible [Section 107]
1. Introduction
In the law of evidence, a party cannot lead evidence in isolation. Very often, the admissibility of one piece of evidence depends upon the prior proof of another foundational fact. Where a person seeks to prove a fact or produce evidence which is admissible only upon proof of some preliminary fact, the burden of proving such preliminary or foundational fact lies upon that person.
Section 107 of the Bharatiya Sakshya Adhiniyam, 2023 embodies this principle and governs the burden of proof in matters relating to the admissibility of evidence.
2. Statutory Provision under Section 107
Section 107 provides that:
3. Illustrations
The operation of Section 107 can be clearly understood through the following illustrations:
4. Scope and Application
Section 107 applies whenever:
5. Principle Underlying Section 107
The principle underlying Section 107 is simple:
No evidence can be admitted unless the legal conditions for its admissibility are first satisfied.
If the law requires proof of a preliminary condition before a particular kind of evidence can be received, the party who wants to rely on such evidence must establish that condition. Until such proof is furnished, the evidence remains inadmissible.
For example:
6. Judicial Interpretation
Courts have consistently held that the burden under Section 107 lies squarely on the party seeking to rely on the evidence. In Amrit Banaspati Co. Ltd. v. Union of India, it was observed that where a party challenges the constitutionality of a statute, the challenge must be specific, clear, and unambiguous. The burden of proving the alleged violation of constitutional provisions lies on the person who raises such a challenge.
This principle reinforces the rule that a party cannot be permitted to rely on evidence or legal contentions unless the foundational facts justifying their admissibility are duly established.
7. Conclusion
Section 107 of the Bharatiya Sakshya Adhiniyam, 2023 plays a crucial role in maintaining the integrity of evidentiary rules. It ensures that evidence is admitted only after compliance with the statutory conditions governing its admissibility. By placing the burden of proving foundational facts on the party seeking to rely on such evidence, the provision prevents abuse of evidentiary rules and upholds procedural fairness in judicial proceedings.
1. Introduction
In the law of evidence, a party cannot lead evidence in isolation. Very often, the admissibility of one piece of evidence depends upon the prior proof of another foundational fact. Where a person seeks to prove a fact or produce evidence which is admissible only upon proof of some preliminary fact, the burden of proving such preliminary or foundational fact lies upon that person.
Section 107 of the Bharatiya Sakshya Adhiniyam, 2023 embodies this principle and governs the burden of proof in matters relating to the admissibility of evidence.
2. Statutory Provision under Section 107
Section 107 provides that:
- The burden of proving any fact necessary to be proved in order to enable any person to give evidence of any other fact lies on the person who wishes to give such evidence.
3. Illustrations
The operation of Section 107 can be clearly understood through the following illustrations:
- Illustration (a):
A wishes to prove a dying declaration made by B. Since a dying declaration is admissible only when the maker of the statement is dead, A must first prove the death of B. The burden of proving B’s death lies on A. - Illustration (b):
A wishes to prove the contents of a lost document by secondary evidence. Before secondary evidence can be admitted, A must prove that the original document has been lost. The burden of proving such loss lies on A.
4. Scope and Application
Section 107 applies whenever:
- The admissibility of evidence depends upon the existence of a particular fact; and
- Such fact is asserted by the party seeking to adduce that evidence.
- Facts relating to the admissibility of evidence;
- Facts necessary for the construction or interpretation of documents;
- Facts forming the foundation for exceptions such as hearsay evidence or secondary evidence.
5. Principle Underlying Section 107
The principle underlying Section 107 is simple:
No evidence can be admitted unless the legal conditions for its admissibility are first satisfied.
If the law requires proof of a preliminary condition before a particular kind of evidence can be received, the party who wants to rely on such evidence must establish that condition. Until such proof is furnished, the evidence remains inadmissible.
For example:
- A party seeking to rely on hearsay evidence under an exception must first prove that the case falls within the recognised exception;
- A party seeking to rely on secondary evidence must prove the non-availability of the original document.
6. Judicial Interpretation
Courts have consistently held that the burden under Section 107 lies squarely on the party seeking to rely on the evidence. In Amrit Banaspati Co. Ltd. v. Union of India, it was observed that where a party challenges the constitutionality of a statute, the challenge must be specific, clear, and unambiguous. The burden of proving the alleged violation of constitutional provisions lies on the person who raises such a challenge.
This principle reinforces the rule that a party cannot be permitted to rely on evidence or legal contentions unless the foundational facts justifying their admissibility are duly established.
7. Conclusion
Section 107 of the Bharatiya Sakshya Adhiniyam, 2023 plays a crucial role in maintaining the integrity of evidentiary rules. It ensures that evidence is admitted only after compliance with the statutory conditions governing its admissibility. By placing the burden of proving foundational facts on the party seeking to rely on such evidence, the provision prevents abuse of evidentiary rules and upholds procedural fairness in judicial proceedings.
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