Burden of proving fact to be proved to make evidence admissible
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Summary
Anyone who wants to produce a piece of evidence must first prove any preliminary fact needed to make that evidence admissible. If you want to rely on a dying declaration, you must prove the declarant is dead. If you want to use secondary evidence of a document, you must prove the original is lost.
Example
Rohan wants to prove the contents of a lost rent agreement by secondary evidence. Before that secondary evidence is admitted, Rohan must prove the original rent agreement has been lost.
Bare Act
Enacted textThe 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.
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(a) A wishes to prove a dying declaration by B. A must prove B's death.
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(b) A wishes to prove, by secondary evidence, the contents of a lost document. A must prove that the document has been lost.
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