Evidence Act · Chapter VII · Of the burden of proof
Evidence Act section 108, “Burden of proving that person is alive who has not been heard of for seven years”, is now BSA section 111 of the Bharatiya Sakshya Adhiniyam, 2023, in force from 1 July 2024.
Now BSA section 111, with the same rule.
Indian Evidence Act, 1872
Provided that when the question is whether a man is alive or dead, and it is proved that he has not been heard of for seven years by those who would naturally have heard of him if he had been alive, the burden of proving that he is alive is shifted to the person who affirms it.
Bharatiya Sakshya Adhiniyam, 2023
When the question is whether a man is alive or dead, and it is proved that he has not been heard of for seven years by those who would naturally have heard of him if he had been alive, the burden of proving that he is alive is shifted to 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amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed.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The BSA repealed the Indian Evidence Act from 1 July 2024 (section 170(1)).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)).
