552 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
- The law of evidence lays down certain conditions which must be fulfilled before evidence of a particular fact is given. Similarly the law of evidence lays down certain conditions which must be fulfilled before a particular method of proving a fact can be resorted to.
Illus-I.
Nothing is evidence unless it is given before and in the presence of the Court. Ordinarily therefore the statement made by a person who is dead is not evidence. The law of evidence however permits evidence being given of anything said by a deceased person if it is relevant to the issue on the condition that the fact of his death is proved.
Illus-II.
The law of Evidence requires that the contents of a document must be proved by the production of the original. The law however permits secondary evidence being given on the condition that the loss of the original is proved.
- The question is who must prove the fact of death or the fact of the loss of the original document ? In general who must prove these prerequisites ? Section 104 lays the burden on the party who wishes to profit by these special facilities.
ยง Sections illustrative of the Second Principle.
1. Section 106 and 111 illustrate the Second Principle.
Section 106.
- This section deals with the burden of proof of a fact which is especially within the knowledge of one of the Parties.
(i) If A alleges a certain fact and if B denies it then by virtue of the rule contained in Section 103, A must prove it because A affirms it.
(ii) But if the fact is especially within the knowledge of B then by virtue of this section the burden of proof in respect of it rests on B.