Burden of proving fact to be proved to make evidence admissible
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Summary
Whoever wants to produce a piece of evidence must first prove any preliminary fact that makes that evidence admissible. For example, to prove a dying declaration you must first prove the declarant is dead; to rely on secondary evidence you must first prove the original document is lost. Without that proof the evidence will not be received.
Example
Rohan wants to prove a dying declaration made by Meera. Before the court will accept the statement as evidence, Rohan must first prove that Meera has died. If he cannot show Meera’s death, the dying declaration will not be admitted.
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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