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Section 108 of Indian Evidence Act, 1872

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Section 108 of Indian Evidence Act, 1872 deals with Burden of proving that person is alive who has not been heard of for seven years.

From the Act

[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.

Notes

Related Cases / Recent Cases

Other related sections from the Act

  • Section 101: Burden of proof
  • Section 102: On whom burden of proof lies
  • Section 103: Burden of proof as to particular fact
  • Section 104: Burden of proving fact to be proved to make evidence admissible
  • Section 105: Burden of proving that case of accused comes within exceptions
  • Section 106: Burden of proving fact especially within knowledge
  • Section 107: Burden of proving death of person known to have been alive within thirty years
  • Section 109: Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
  • Section 110: Burden of proof as to ownership
  • Section 111: Proof of good faith in transactions where one party is in relation of active confidence
  • Section 114A: Presumption as to absence of consent in certain prosecutions for rape

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