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Bharatiya Sakshya Adhiniyam, 2023 — Section 111: Burden of proving that person is alive who has not been heard of for seven years

§ SECTION 111 · BSA 2023 · CHAPTER VII — BURDEN OF PROOF

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

The mirror of § 110. If a man has not been heard of for seven years by those who would naturally have heard from him, he is taken to be dead — so whoever asserts he is alive must prove it.

How to read Section 111

Seven years’ total silence → the man is taken to be dead → who says he is alive must prove it.

The question

Is the man alive or dead?

Seven years’ silence

He has not been heard of for seven years by those who would naturally have heard of him.

Who proves life

The burden shifts to whoever affirms he is alive.

The bare Act

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

Section 111 · verbatim

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.

In short: § 110 leans towards life while the trail is fresh; this section leans the other way once the trail has gone cold. If a man drops entirely out of contact — no news of him at all for a full seven years, and that silence is felt by the very people who would ordinarily have heard from him (family, close friends) — the law stops assuming he lives and takes him to be dead. From that point the onus switches sides: anyone who wants the court to treat him as still alive must prove it. What the section does not do is fix when he died; it settles only that he is now presumed dead.

→ This carries forward IEA 1872 § 108 — the presumption of death after seven years’ unexplained absence.

Glossary

has not been heard of

No news or communication of him at all.

for seven years

The fixed period of unexplained absence.

those who would naturally have heard

Family, friends and others expected to know of him.

the burden…is shifted

The duty of proof moves to the other side.

the person who affirms it

Whoever asserts he is still alive.

presumption of death

After seven years’ silence, death is taken as the fact.

The picture

Seven years’ silence from those who would know — the law presumes death, and life must be proved.

not heard of for 7 yearsby those who would knowlaw takes him to beDEADwhoever says ALIVEmust prove itthe burden shifts to him§ 111 — unheard for 7 years → prove LIFEits mirror, § 110 — alive within 30 years → prove DEATH

The section, part by part

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

the ruleSeven years’ silence — life is now the affirmer’s to prove

In one lineIf a man has not been heard of for seven years by those who would naturally have heard of him, the burden of proving he is alive shifts to the person who affirms it.
1no news for 7years, from thosewho would know2law takes himto be dead(presumed)3who says alivemust prove it— burden shiftslong silence flips the presumption — death, unless life is proved
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,seven years’ total silence from those who would know…no news of him for a full seven years, felt by the people who would ordinarily hear from him…
the burden of proving that he is alive is shifted to the person who affirms it.→ he is presumed dead; life is the affirmer’s to prove…so death is presumed, and whoever says he is alive carries the burden of proving it.
ExampleA succession claim opens on the footing that X has died. X’s family have had no word of him for eight years; a party who insists X is still alive (to defeat the claim) must prove it.
✗ Not thisThis does not fix when he died — only that he is now presumed dead. And the silence must be felt by those who would naturally have heard of him, not merely by a stranger.

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 this section § 111 (unheard of for seven years → presumed dead, prove life) are exact mirrors.
§ 110 — alive within 30 yearspresumed still living→ prove DEATH (who affirms it)§ 111 — unheard for 7 yearspresumed dead→ prove LIFE (who affirms it)two windows, opposite leanings — each puts the burden on who asserts the contrary
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. § 111 presumes he is dead now, not that he died at any particular time.

Connected provisions

§ 110 · back

Death within thirty years

The mirror — alive within thirty years, so death must be proved.

§ 112 · next

Continuing relationships

Partners, landlord-tenant, principal-agent — the relationship is presumed to continue.

§ 104

Burden of proof

The general rule — whoever asserts a fact must prove it.

lineage

IEA 1872, § 108

Carried forward — presumption of death after seven years’ absence.