IEA Section 108: Burden of proving that person is alive who has not been heard of for seven years
Indian Evidence Act, 1872 · Chapter 7: The Burden Of Proof
Repealed on 1 July 2024 and replaced by the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
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.
Bare act text for reference, current to 30 June 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 101. Burden of proof
- 102. On whom burden of proof lies
- 103. Burden of proof as to particular fact
- 104. Burden of proving fact to be proved to make evidence admissible
- 105. Burden of proving that case of accused comes within exceptions
- 106. Burden of proving fact especially within knowledge
- 107. Burden of proving death of person known to have been alive within thirty years
- 109. Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
- 110. Burden of proof as to ownership
- 111. Proof of good faith in transactions where one party is in relation of active confidence
- 111A. Presumption as to certain offences
- 112. Birth during marriage, conclusive proof of legitimacy
- 113. Proof of cession of territory
- 113A. Presumption as to abetment of suicide by a married woman
- 113B. Presumption as to dowry death
- 114. Court may presume existence of certain facts
- 114A. Presumption as to absence of consent in certain prosecutions for rape