IEA 108→BSA 111

IEA 108 to BSA 111: Burden of proving that person is alive who has not been heard of for seven years

Section 108 IEA (1872) replaced by Section 111 BSA (2023)

View IEA Section 108 →View BSA Section 111 →

IEA 108 to BSA 111 at a Glance

Section 108 IEA (Burden of proving that person is alive who has not been heard of for seven years) is now Section 111 BSA, in force from 1 July 2024. Only the section number changed.

What Changed From IEA 108 to BSA 111?

Section 108 of the Indian Evidence Act, 1872 became Section 111 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. The opening words "Provided that" were dropped, so it now stands as its own rule.

IEA 108 vs BSA 111: Comparison Table

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section108111
HeadingBurden of proving that person is alive who has not been heard of for seven yearsSame

IEA 108 and BSA 111: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 108, IEA 1872

108. Burden of proving that person is alive who has not been heard of for seven years.—Provided that 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.
BSA 2023 (in force)

Section 111, BSA 2023

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

When It Applies: IEA 108 vs BSA 111

Under IEA 108
  1. A question arises in a proceeding over whether a person is living or dead.
  2. It is proved that nobody has heard of the person for seven years.
  3. The lack of contact is among people who would naturally hear from the person if the person were alive.
  4. The duty to prove that the person is alive shifts to the party who claims that the person is living.
Under BSA 111
  1. A question arises in a proceeding over whether a person is living or dead.
  2. It is proved that nobody has heard of the person for seven years.
  3. The lack of contact is among people who would naturally hear from the person if the person were alive.
  4. The duty to prove that the person is alive shifts to the party who claims that the person is living.

What IEA 108 to BSA 111 Means in Practice

Section 108 IEA became Section 111 BSA on 1 July 2024 with no substantive change, and the opening words Provided that were dropped so the provision stands as its own rule. The same rule applies, and a person in court should cite Section 111 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 ·