IEA Section 108 — Burden of proving that person is alive who has not been heard of for seven years

Summary

If a question arises in court about whether someone is alive or dead, and it is shown that the person has not been heard from in seven years by those who would normally have heard from them if they were alive, then the law places the responsibility on the person who claims the individual is still alive to prove that fact.

Official Text

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.

Related Judgments

• N. JAYALAKSHMI AMMAL AND ORS. vs R. GOPALA PATHAR AND ANR — Supreme Court of India (1994)
• Freny Noshir Irani; .... vs State of Maharashtra & Anr., ...., Ms. Frahnak D. Contractor, Advocate — Bombay High Court (Mumbai Principal Seat) (2014)
• GURDIT SINGH AND ORS. ETC. vs MUNSHA SINGH AND ORS. ETC — Supreme Court of India (1976)
• L.I.C. OF INDIA vs ANURADHA — Supreme Court of India (2004)
• SAROOP SINGH vs BANTO AND ORS — Supreme Court of India (2005)
• SHAKEEL AHMED vs UNION OF INDIA & ORS — Supreme Court of India (2022)

Old <-> New Code Mapping

• BSA §111 — Burden of proving that person is alive who has not been heard of for seven years