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Question

A wishes to prove, by secondary evidence, the contents of a lost document.

A A must prove that the document has been lost. Correct Answer Incorrect Answer
B A need not prove that the document is lost Correct Answer Incorrect Answer
C A cannot give secondary evidence Correct Answer Incorrect Answer
D None of the above Correct Answer Incorrect Answer

Solution

Section 104 of Evidence Act Burden of proving fact to be proved to make evidence admissible. –– 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.

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