IEA 107 — Burden of proving death of person known to have been alive within thirty years

Indian Evidence Act, 1872

Statutory text

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

years. ––

[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.

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