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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Evidence

Meera wants to lead evidence of a dying declaration made by her late brother Karan. Under the Bharatiya Sakshya Adhiniyam, 2023, which fact must Meera first prove before such evidence can be given?

Meera must first prove that Karan is dead. Section 107 places on the person offering evidence the burden of proving the fact necessary to make it admissible, and its illustration says that one who wishes to prove a dying declaration must prove the declarant's death.

  1. AThat Karan's death has actually occurredCorrect
  2. BThat Karan was a literate person
  3. CThat Karan made the statement before a Magistrate
  4. DThat Karan's statement was reduced to writing

Explanation

Section 107 states that the burden of proving any fact necessary to enable evidence of another fact is on the person wishing to give that evidence. Its illustration (a) says a person wishing to prove a dying declaration must prove the maker's death. Writing or a Magistrate's presence is not the preliminary fact stated.

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