Section 110 BSA: Burden of proving death of person known to have been alive within thirty years
Bharatiya Sakshya Adhiniyam, 2023
Section 110 BSA at a Glance
Section 110 BSA deals with burden of proving death of person known to have been alive within thirty years. It replaced Section 107 IEA on 1 July 2024.
Section 110 BSA Bare Act Text
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.
Source: Section 110, Bharatiya Sakshya Adhiniyam, 2023
Section 110 BSA in Simple Words
Section 110 of the Bharatiya Sakshya Adhiniyam, 2023 decides who must prove death when a court has to determine whether a person is living or dead. When a person is shown to have lived within thirty years, the party claiming death must prove it.
The Adhiniyam places the burden of proving (the duty to prove a fact in court) on the party claiming death. That party is the person who affirms (states as true) that the individual has died. A bare claim is not enough once life within the period of thirty years is shown.
Under Section 110 BSA, the duty to prove death stays with the party who asserts it. An opposing party does not have to prove continued life once life within thirty years is shown.
When Section 110 BSA Applies
- 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.
Example of Section 110 BSA
Section 110 BSA in the IEA (Previous Law)
Section 110 BSA replaces Section 107 IEA from the old criminal code.
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.
FAQs on Section 110 BSA
What is Section 110 BSA?▼
Section 110 of the Bharatiya Sakshya Adhiniyam, 2023 is the rule that places the duty to prove death on the party who claims that a person has died. It applies when the question is whether a person is living or dead and that person is shown to have lived within thirty years.
Who has to prove death under Section 110 BSA?▼
The party who claims that the person is dead. Once it is shown that the person was alive within thirty years, the party asserting death must prove it.
What period of prior life triggers Section 110 BSA?▼
Thirty years. If it is shown that the person was alive within thirty years, anyone claiming that the person has died bears the burden of proving death.
What is Section 110 BSA in IEA?▼
Section 107 IEA. Section 107 IEA became Section 110 BSA on 1 July 2024 without any change in wording.
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Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·