Section 108 IEA: Burden of proving that person is alive who has not been heard of for seven years
Indian Evidence Act, 1872
Section 108 IEA at a Glance
Section 108 IEA deals with burden of proving that person is alive who has not been heard of for seven years. From 1 July 2024 it is replaced by Section 111 BSA.
Section 108 IEA Bare Act Text
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.
Source: Section 108, Indian Evidence Act, 1872
Section 108 IEA in Simple Words
Section 108 of the Indian Evidence Act, 1872 shifts the duty to prove that a person is alive after seven years without news. When that silence of seven years is proved, the party claiming that the person is living must prove it.
For Section 108 IEA to apply, a court must be deciding whether a person is living or dead. Proof must show that nobody has heard of the person for seven years. That silence must be among people who would naturally hear from the person if the person were alive.
Once those conditions are proved, the burden of proving (the duty to prove a fact in court) shifts. The party who affirms (states as true) that the person is alive must prove that fact.
When Section 108 IEA Applies
- A question arises in a proceeding over whether a person is living or dead.
- It is proved that nobody has heard of the person for seven years.
- The lack of contact is among people who would naturally hear from the person if the person were alive.
- The duty to prove that the person is alive shifts to the party who claims that the person is living.
Example of Section 108 IEA
Section 108 IEA in the BSA
Section 108 IEA is now covered under Section 111 BSA.
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.
View detailed comparison (IEA 108 vs BSA 111) →FAQs on Section 108 IEA
What is Section 108 IEA?▼
Section 108 of the Indian Evidence Act, 1872 is the rule that shifts the duty to prove that a person is alive to the party who claims that the person is living. It applies when the question is whether a person is living or dead and it is proved that the person has gone unheard of for seven years by people who would naturally have heard if the person were alive.
How long must a person go unheard of for Section 108 IEA to apply?▼
Seven years. Once it is proved that nobody who would naturally hear from the person has heard of that person for seven years, the burden of proving life shifts to the party claiming that the person is alive.
Does any lack of news for seven years shift the burden of proof under Section 108 IEA?▼
No. It must be proved that the person has gone unheard of for seven years among the people who would naturally hear from that person if the person had been alive.
What is Section 108 IEA in BSA?▼
Section 111 BSA. Section 108 IEA became Section 111 BSA on 1 July 2024 with no substantive change, and the opening words Provided that were dropped so it stands as its own rule.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·