Section 107 IEA: Burden of proving death of person known to have been alive within thirty years
Indian Evidence Act, 1872
Section 107 IEA at a Glance
Section 107 IEA deals with burden of proving death of person known to have been alive within thirty years. From 1 July 2024 it is replaced by Section 110 BSA.
Section 107 IEA Bare Act Text
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.
Source: Section 107, Indian Evidence Act, 1872
Section 107 IEA in Simple Words
Section 107 of the Indian Evidence Act, 1872 decides who must prove death in a dispute over life or death. When a person is shown to have lived within thirty years, the party claiming death must prove it.
The rule 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 107 IEA, 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 107 IEA 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 107 IEA
Section 107 IEA in the BSA
Section 107 IEA is now covered under Section 110 BSA.
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.
View detailed comparison (IEA 107 vs BSA 110) →FAQs on Section 107 IEA
What is Section 107 IEA?▼
Section 107 of the Indian Evidence Act, 1872 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 107 IEA?▼
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 107 IEA?▼
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 107 IEA in BSA?▼
Section 110 BSA. Section 107 IEA became Section 110 BSA on 1 July 2024 without any change in wording.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·