IEA 107 to BSA 110: Burden of proving death of person known to have been alive within thirty years
Section 107 IEA (1872) replaced by Section 110 BSA (2023)
IEA 107 to BSA 110 at a Glance
Section 107 IEA (Burden of proving death of person known to have been alive within thirty years) is now Section 110 BSA, in force from 1 July 2024. Only the section number changed.
What Changed From IEA 107 to BSA 110?
Section 107 of the Indian Evidence Act, 1872 became Section 110 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording.
IEA 107 vs BSA 110: Comparison Table
| Aspect | IEA 1872 (repealed) | BSA 2023 (in force) |
|---|---|---|
| Section | 107 | 110 |
| Heading | Burden of proving death of person known to have been alive within thirty years | Same |
IEA 107 and BSA 110: Bare Act Text Side by Side
IEA 1872 (repealed)
Section 107, IEA 1872
107. Burden of proving death of person known to have been alive within thirty years.—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.
BSA 2023 (in force)
Section 110, BSA 2023
110. Burden of proving death of person known to have been alive within thirty years.—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.
When It Applies: IEA 107 vs BSA 110
Under IEA 107
- A question arises in a proceeding over whether a person is living or dead.
- Proof shows that the person was alive at some point within thirty years.
- The party who claims that the person is dead must prove that death.
Under BSA 110
- A question arises in a proceeding over whether a person is living or dead.
- Proof shows that the person was alive at some point within thirty years.
- The party who claims that the person is dead must prove that death.
What IEA 107 to BSA 110 Means in Practice
Section 107 IEA became Section 110 BSA on 1 July 2024 without any change in wording. The same rule applies, and a person in court should cite Section 110 BSA for matters governed by the BSA.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Indian Evidence Act, 1872 · Bharatiya Sakshya Adhiniyam, 2023 ·