Section 107 BSA 2023: Burden of Proving Fact to Make Evidence Admissible

Section 107 of the Bharatiya Sakshya Adhiniyam, 2023 deals with a foundational rule of evidence: when a person wants to rely on one fact as evidence, and another fact must first be established before that evidence can legally be received, the burden of proving the preliminary fact lies on the person who wants to adduce the evidence.

Text of Section 107 of the Bharatiya Sakshya Adhiniyam, 2023

Meaning of Section 107 BSA

Section 107 places the burden of proving a preliminary or foundational fact on the party who seeks to rely on evidence that becomes admissible only after that preliminary fact is established. In simple terms, a party cannot merely offer the later piece of evidence; the party must first prove the condition that allows the Court to receive it.

The section therefore operates at the stage of admissibility. It does not by itself decide the final truth or weight of the evidence. Instead, it identifies who must establish the factual foundation required before the related evidence can be considered.

Key Elements of Section 107

• There must be a fact which a party wants to give in evidence.
• Another fact must first be proved before that evidence becomes admissible.
• The burden of proving that preliminary fact lies on the person seeking to adduce the evidence.
• The rule applies to both civil and criminal proceedings wherever such a foundational fact is required.
• After admissibility is established, the Court may still separately assess the credibility and evidentiary value of the material.

Illustration 1: Dying Declaration

If A seeks to prove a statement as a dying declaration made by B, A must first establish the fact of B's death. The death of the declarant is the foundational fact that must be shown before the statement can be relied upon as a dying declaration.

Illustration 2: Secondary Evidence of a Lost Document

If A seeks to prove the contents of a document through secondary evidence on the ground that the original document has been lost, A must first prove the loss of the original document. Only after the required factual foundation is established can secondary evidence be considered in accordance with the applicable provisions of the BSA.

Why Section 107 Matters

The provision prevents evidence from being admitted merely because a party wishes to rely on it. Where the law makes admissibility dependent on another fact, the party relying on the evidence must first prove that condition. This helps preserve the reliability and orderly reception of evidence during judicial proceedings.

Section 107 and Other Burden of Proof Provisions

Section 107 forms part of the group of provisions dealing with burden of proof. It should be read with the surrounding provisions, including Section 104 on burden of proof, Section 105 on whom the burden of proof lies, and Section 106 on burden of proof as to a particular fact. The next provisions address specific situations in which the law places the burden on a particular person.

Related BSA Sections

Frequently Asked Questions

What does Section 107 BSA require?

It requires the person who wants to give evidence of a fact to prove any preliminary fact that must legally be established before that evidence can be admitted.

Who bears the burden under Section 107?

The person who wishes to give the evidence bears the burden of proving the necessary foundational fact.

Does Section 107 decide whether the evidence is true?

No. Section 107 primarily concerns the factual foundation required for admissibility. The Court may separately assess the reliability, credibility and weight of admitted evidence.

When did the Bharatiya Sakshya Adhiniyam, 2023 come into force?

The Bharatiya Sakshya Adhiniyam, 2023 came into force on July 1, 2024.

This article is for general legal information. Statutory text, judicial interpretation and procedural requirements should be checked for the facts of the particular case.