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

Now in the BSA

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

2 questions in 9 of our papers cite Section 108. Try these from the free papers:

1. 1. Under Section 111 of the BSA, 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:

   A.the burden of proving that he is dead remains on the person who affirms his deathB.the Court may presume him alive until a decree of a civil court declares him deadC.the Court shall regard his death as conclusively proved and allow no evidence to the contraryD.the burden of proving that he is alive is shifted to the person who affirms it
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2. 2. In LIC of India v. Anuradha (2004), the Supreme Court held that the presumption under Section 108 of the Indian Evidence Act, 1872 (now Section 111 of the BSA) as to a person not heard of for seven years:

   A.establishes that the person died on the expiry of seven years from when he was last heard ofB.covers only the fact of death; the time of death must be proved by whoever asserts itC.establishes that the person died on the date on which he was last seen or heard of by his familyD.is a conclusive presumption that cannot be rebutted even by evidence that the person is alive
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