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Section 108: Burden of proving that person is alive who has not been heard of for seven years

The Indian Evidence Act, 1872Central Act · Act 1 of 1872

Repealed. This text is published for reference. It is not in force, and it should not be relied on as current law without checking what replaced it. Repealed by the Bharatiya Sakshya Adhiniyam, 2023, with effect from 1 July 2024

1[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 2[shifted to] the person who affirms it.

Where this provision sits

ActThe Indian Evidence Act, 1872
Section108
Marginal noteBurden of proving that person is alive who has not been heard of for seven years
JurisdictionCentral
StatusRepealed
Judgments citing it39

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