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Bharatiya Sakshya Adhiniyam, 2023

Section 107, BSA: Burden of proving fact to be proved to make evidence admissible

Pundora · Published 3 October 2026

Section 107 of the Bharatiya Sakshya Adhiniyam, 2023, in the Act's own words, with the Evidence Act provision it replaces.

What it replaces

BSA provisionEvidence Act provisionRelation
Section 107Section 104corresponds

From the Bureau of Police Research and Development's official comparison summary (source below). The whole table: Evidence Act to BSA.

The 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.

The text is India Code's consolidated text as loaded into Pundora's statute corpus on 1 September 2026. A section quoted in a draft checked by Pundora is checked against this text.

Sources

  1. India Code: Bharatiya Sakshya Adhiniyam, 2023, section 107 (read 1 September 2026)
  2. Bureau of Police Research and Development: comparison summary, BSA to Evidence Act (read 1 September 2026)

The Act's own words, from India Code. If the text here differs from the Gazette, the Gazette governs; write to contact@pundora.in and it will be corrected and dated.