Evidence Act · Chapter VII · Of the burden of proof
Evidence Act section 107, “Burden of proving death of person known to have been alive within thirty years”, is now BSA section 110 of the Bharatiya Sakshya Adhiniyam, 2023, in force from 1 July 2024.
The words are the same as in the Evidence Act, apart from “Adhiniyam” for the Act’s own name and the new numbers of the sections it refers to.
Indian Evidence Act, 1872
When the question is whether a man is alive or dead, and it is shown that he was alive within thirty years, the burden of proving that he is dead is on the person who affirms it.
Bharatiya Sakshya Adhiniyam, 2023
When the question is whether a man is alive or dead, and it is shown that he was alive within thirty years, the burden of proving that he is dead is on the person who affirms it.
The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed. The PDFs linked below carry the full history.
The BSA repealed the Indian Evidence Act from 1 July 2024 (section 170(1)). Any application, trial, inquiry, investigation, proceeding or appeal pending immediately before that date is dealt with under the Evidence Act as it then stood, as if the BSA had not come into force (section 170(2)).
