Indian Evidence Act, 1872

Section 107

Burden of proving death of person known to have been alive within thirty years

⚡ Quick Answer Reference: Section 107 IEA

Provision: Section 107 of IEA
Act: Indian Evidence Act, 1872
Classification: evidence
Jurisdiction: India
Summary: When someone claims that a person is dead, and it's known that the person was alive within the last 30 years, the person making the claim must prove that the person is indeed dead.

Statutory Content

What does Section 107 of IEA say?

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.

Indian StandardSection 107, Indian Evidence Act, 1872

Bluebook (21st ed.)Indian Evidence Act, 1872, § 107 (India)

Court Pleading StandardSection 107 of the Indian Evidence Act, 1872

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Meera Reddy (Bar Council ID: AP/2910/2019).

AI Educational GuideAI-generated explanation for educational and research purposes. Original statutory text is preserved exactly.

Section Meaning & Purpose

What does Section 107 of IEA mean?

Plain English Explanation

When someone claims that a person is dead, and it's known that the person was alive within the last 30 years, the person making the claim must prove that the person is indeed dead.

Practical Interpretation

This section shifts the burden of proof to the person claiming that someone is dead, especially when there's a recent history of the person being alive.

Core Legal Purpose

The core purpose of this section is to ensure that claims of death are substantiated with evidence, especially when there's a recent history of the person being alive.

Key Legal Elements

•The person claiming the death must have knowledge that the person was alive within the last 30 years.
•The person claiming the death must provide evidence to prove that the person is indeed dead.
•The burden of proof shifts to the person claiming the death when the person was alive within the last 30 years.
•There is no exception or limitation mentioned in this section.

Practical Example

Practical Example of Section 107 IEA

Rajesh claims that his business partner, Amit, is dead. However, it's known that Amit was alive within the last 30 years. Rajesh must provide evidence to prove that Amit is indeed dead. If Rajesh fails to provide sufficient evidence, the court may not accept his claim of Amit's death.

Common Questions (FAQ)

Frequently Asked Questions about Section 107 IEA

Q: What is the punishment or consequence under Section 107 of IEA?

This section is a procedural provision and does not prescribe a penal punishment.

Q: Does this section apply to private individuals or public entities?

This section applies to both private individuals and public entities.

Q: Is an offence under this section bailable or cognizable?

This section is a procedural provision and does not prescribe a penal punishment.

Common Questions about Section 107 IEA

What is Section 107 of IEA?

Section 107 of the Indian Evidence Act, 1872 (IEA) defines and regulates "Burden of proving death of person known to have been alive within thirty years". In plain terms: When someone claims that a person is dead, and it's known that the person was alive within the last 30 years, the person making the claim must prove that the person is indeed dead.

What are the elements of Section 107 of IEA?

The essential elements of Section 107 of IEA are: The person claiming the death must have knowledge that the person was alive within the last 30 years.; The person claiming the death must provide evidence to prove that the person is indeed dead.; The burden of proof shifts to the person claiming the death when the person was alive within the last 30 years..

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