What is Burden of proving death of person known to have been alive within thirty years Burden of proving that person is alive who has not been heard of for seven years Section 107 and 108 of Indian Evidence Act 1872

Burden of proving death of person known to have been alive within thirty years and Burden of proving that person is alive who has not been heard of for seven years are defined under section 107 and 108 of Indian Evidence Act 1872. Provisions under these sections are:

 

Section 107 of Evidence Act "Burden of proving death of person known to have been alive within thirty years"

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.


 

Section 108 of Evidence Act "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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