Indian Evidence Act, 1872 · Section 108

IEA 108 in BSA: Section 111

Section 108 of the Indian Evidence Act, 1872 corresponds to Section 111 of the Bharatiya Sakshya Adhiniyam, 2023. IEA 108 deals with burden of proving that person is alive who has not been heard of for seven years. The Bharatiya Sakshya Adhiniyam came into force on 1 July 2024, replacing the IEA.

Indian Evidence Act

IEA 108 is now BSA 111.

Burden of proving that person is alive who has not been heard of for seven years

Carried over
81% of the old wording kept
Old · IEA 1872 · Ch. VII
s. 108
Burden of proving that person is alive who has not been heard of for seven years
162[Provided that when] the question is whether a man is alive or dead,and it is proved that hehas not been heard of for seven years by those who OF THE BURDEN OF PROOF S. 111-A/ would naturally have heard of him if he had been alive, the burden of proving that he is alive is 163[ shifted to] the person who affirms it.
Text read from the official print by OCR. Check it against the print before quoting.
New · BSA 2023 · Ch. VII
s. 111
Burden of proving that person is alive who has not been heard of for seven years.
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.
Text from India Code

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