§ SECTION 110 · BSA 2023 · CHAPTER VII — BURDEN OF PROOF

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

The law leans towards life. If a man was shown alive within the last thirty years, he is taken to be living still — so whoever asserts he is dead must prove the death.

How to read Section 110

Shown alive within thirty years → life is taken to continue → who says he is dead must prove it.

The question

Is the man alive or dead?

Shown alive recently

It is shown he was alive within the last thirty years.

Who proves death

The one who affirms he is now dead must prove it.

The bare Act

The section in its own words — a single sentence, with no illustration.

Section 110 · verbatim

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.

In short: life, once shown, is taken to continue. If it is proved that a man was alive at some point within the last thirty years, the law starts from the footing that he is still living. Anyone who wants the court to act on the opposite — that he has since died — must prove the death. The section does not fix when he died, nor does it presume death; it simply settles whose burden the death is. Its mirror-image sits in the next provision: a person not heard of for seven years is taken the other way.

→ This carries forward IEA 1872 § 107 — the presumption of continuance of life.

Glossary

whether a man is alive or dead

The fact in question — his survival.

shown…alive within thirty years

Proof he was living at some point in the last thirty years.

burden of proving that he is dead

The duty to establish the death.

the person who affirms it

Whoever asserts the death.

continuance of life

Life once shown is taken to continue — the idea behind the rule.

within thirty years

The window that keeps the presumption of life standing.

The picture

Shown alive within the window — life continues — so death is the affirmer’s to prove.

The section, part by part

Tap a part — the picture-story tells it first; the word-by-word text and example follow.

The ruleThe life-and-death pair

the ruleShown alive within thirty years — death is the affirmer’s to prove

In one lineIf a man is shown to have been alive within thirty years, the burden of proving he is now dead lies on the person who affirms it.

When the question is whether a man is alive or dead, and it is shown that he was alive within thirty years,alive within the last thirty years…the issue is his survival, and there is proof he was living within the past thirty years…

the burden of proving that he is dead is on the person who affirms it.→ death must be proved by whoever affirms it…so the party who says he has since died carries the burden of proving the death.

ExampleA pension turns on whether X still lives. X was seen alive five years ago; the party who says X has since died must prove the death — life is otherwise taken to continue.

✗ Not thisThis does not prove the man is alive, nor fix a date of death. It only settles who must prove death — enough contrary evidence can still establish it.

the life-and-death pair§ 110 leans to life · § 111 leans to death

In one line§ 110 (alive within thirty years → presumed living, prove death) and its sibling § 111 (unheard of for seven years → presumed dead, prove life) mirror each other.

ExampleWithin thirty years, doubt favours life; after seven years’ complete silence, doubt favours death — and in each, the burden falls on whoever asserts the opposite.

✗ Not thisNeither section fixes a date of death or life; each only allocates the burden. § 110 never presumes death; § 111 never fixes when death occurred.

Connected provisions

§ 109 · back

IEA 1872, § 107

Carried forward — the presumption of continuance of life.

Bharatiya Sakshya Adhiniyam, 2023 — Section 110: Burden of proving death of person known to have been alive within thirty years