Syariah Courts Evidence Order, 2001 · s 93

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s 93

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.

1581

Illustrations

(a}

A wishes to prove a declaration by B during B's marad al maut.

A must prove marad al maut and 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.

Burden of proving that case of accused comes within exceptions.