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IEA, 1872
Start Practicing
IEAChapter VIISection 107
Section107

Burden of proving death of person known to have been alive within thirty years

AI Assist

Summary

If it is shown that a person was alive within the last thirty years, anyone who asserts that the person is now dead must prove that fact. The burden of proof rests on the person making the claim. Failing proof, the person will be treated as alive for legal purposes.

Example

Priya claims her uncle Rohan is dead so she can inherit his house, but a hospital record shows Rohan visited fifteen years ago, proving he was alive within thirty years. Priya must prove Rohan is dead. If she cannot, the court will treat him as alive.

Bare Act

Enacted text

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.

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VII

Chapter VII

Of the Burden of Proof

In this chapter

  • 101Burden of proof
  • 102On whom burden of proof lies
  • 103Burden of proof as to particular fact
  • 104Burden of proving fact to be proved to make evidence admissible
  • 105Burden of proving that case of accused comes within exceptions
  • 106Burden of proving fact especially within knowledge
  • 107Burden of proving death of person known to have been alive within thirty years
  • 108Burden of proving that person is alive who has not been heard of for seven years
  • 109Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
  • 110Burden of proof as to ownership
  • 111Proof of good faith in transactions where one party is in relation of active confidence
  • 111APresumption as to certain offences
  • 112Birth during marriage, conclusive proof of legitimacy
  • 113Proof of cession of territory
  • 113APresumption as to abetment of suicide by a married woman
  • 113BPresumption as to dowry death
  • 114Court may presume existence of certain facts
  • 114APresumption as to absence of consent in certain prosecutions for rape. 1
Previous · Section 106Burden of proving fact especially within knowledgeNext · Section 108Burden of proving that person is alive who has not been heard of for seven years