Section 111 BSA 2023: Burden of Proving That a Person Is Alive After Seven Years
Section 111 of the Bharatiya Sakshya Adhiniyam, 2023 deals with the evidentiary burden where a person has not been heard of for seven years by people who would naturally have heard from that person if he were alive. The provision shifts the burden to the party who asserts that the person is still alive.
Section 111 - Burden of proving that person is alive who has not been heard of for seven years
111. 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.
Meaning and effect of Section 111
Section 111 is a rule concerning burden of proof. A party seeking to rely on the provision must first establish the foundational fact that the person concerned has not been heard of for seven years by persons who, in the ordinary course, would naturally have heard of him if he were alive. Once that foundational fact is proved, the burden shifts to the person who asserts that the missing person is alive.
Essential requirements
- There must be a genuine question before the court as to whether a person is alive or dead.
- The person must not have been heard of for a continuous period of seven years.
- The absence of news must be proved through persons who would naturally have heard of the missing person if he were alive.
- After these facts are established, the burden of proving that the person is alive shifts to the party who affirms that fact.
Section 110 and Section 111 should be read together
Section 110 of the BSA addresses the burden of proving death where a person is shown to have been alive within thirty years. Section 111 operates when the special condition of seven years without being heard of is proved. In that situation, the evidentiary burden concerning continued life shifts to the person asserting that the missing person remains alive.
Does Section 111 presume the exact date of death?
The wording of Section 111 shifts the burden regarding whether the person is alive; it does not itself state that death occurred on any particular date. The Supreme Court, while interpreting the materially corresponding rule in Section 108 of the Indian Evidence Act, 1872, has held that there is no automatic presumption as to the exact time of death. Where a legal right depends on a particular date of death, that date must be established by evidence.
Practical point
The seven-year rule should not be treated as a statutory declaration that the missing person died exactly when seven years expired. The provision concerns the burden of proof regarding life or death. A specific date of death may still require independent proof where it is material to succession, insurance, limitation, status, or another legal claim.
BSA 2023 commencement
The Bharatiya Sakshya Adhiniyam, 2023 is Act No. 47 of 2023. It received Presidential assent on December 25, 2023. By Central Government notification dated February 23, 2024, its provisions were brought into force from July 1, 2024.
Official legal resources
For the current statutory text and commencement notification, readers should verify the provision from official Government of India sources.
Last reviewed: September 13, 2026.