| Principle 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. |
| Facts A wishes to prove a dying declaration by B. |
A) A must prove B's death
B) A must not prove B's death
C) A can prove dying declaration without proving of B's death
D) None of the above
Correct Answer: A
Solution :
According to Section 104 of the Indian Evidence Act, 1872 and the principle given therein, A must prove B's death.
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