Section 107 of BSA : Section 107: Burden of proving fact to be proved to make evidence admissible.
BSA
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Explanation using Example
Example 1:
Ravi is accused of stealing a valuable painting from a museum. During the trial, Ravi's lawyer wants to introduce a statement made by a security guard, who allegedly saw someone else committing the theft. However, the security guard has since passed away. According to Section 107 of The Bharatiya Sakshya Adhiniyam 2023, Ravi's lawyer must first prove that the security guard is indeed deceased before the court can consider the statement as evidence.
Example 2:
Meera is involved in a property dispute with her neighbor, Suresh. Meera claims that she had a written agreement with Suresh regarding the boundary lines of their properties, but she lost the document in a recent flood. To introduce a photocopy of the agreement as evidence, Meera must first prove to the court that the original document was indeed lost in the flood, as required by Section 107 of The Bharatiya Sakshya Adhiniyam 2023.