Burden of proving fact to be proved to make evidence admissible.

What this section does

The burden of proving any foundational or preliminary fact necessary to make other evidence admissible lies on the person who wishes to give that other evidence. A party cannot lead secondary or derivative evidence without first establishing the prerequisite fact. This ensures that admissibility conditions are satisfied before evidence is received.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

The rule in one line

The burden of proving a foundational fact necessary to render other evidence admissible lies on the party seeking to give that evidence.

When it applies

• A wishes to prove a dying declaration by B — A must first prove B's death.
• A wishes to prove the contents of a document by secondary evidence — A must first prove the original document has been lost.

Derived from IEA s.104.