Section 107 · Burden of proving fact to be proved to make evidence admissible
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The 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.
(a) A wishes to prove a dying declaration by B. A must prove B's death.
(b) A wishes to prove, by secondary evidence, the contents of a lost document. A must prove that the document has been lost.
Illustrations.
(a) A wishes to prove a dying declaration by B. A must prove B's death.
(b) A wishes to prove, by secondary evidence, the contents of a lost document. A must prove that the document has been lost.
Under the old law
BSA 107IEA 104
104. Burden of proving fact to be proved to make evidence admissible.
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