Burden of proving that person is alive who has not been heard of for seven years
The Bharatiya Sakshya Adhiniyam, 2023
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.
Notes
Burden of proving that person is alive who has not been heard of for seven years
Indian Evidence Act, 1872
108. Burden of proving that person is alive who has not been heard of for seven years
79 [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 80[shifted to] the person who affirms it .
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