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Indian Evidence Act, 1872

Section 108

Burden of proving that person is alive who has not been heard of for seven years

Quick Answer Reference: Section 108 IEA

  • Provision: Section 108 of IEA
  • Act: Indian Evidence Act, 1872
  • Classification: evidence
  • Jurisdiction: India
Statutory Content

What does Section 108 of IEA say?

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.

Indian StandardSection 108, Indian Evidence Act, 1872
Bluebook (21st ed.)Indian Evidence Act, 1872, § 108 (India)
Court Pleading StandardSection 108 of the Indian Evidence Act, 1872
Canonical Web linkhttps://nyaya.cloud/acts/indian-evidence-act-1872/108

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
People Also Ask (PAA)

Common Questions about Section 108 IEA

What is Section 108 of IEA?

Section 108 of the Indian Evidence Act, 1872 (IEA) defines and regulates "Burden of proving that person is alive who has not been heard of for seven years". The section states: 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 ...

Landmark Case Laws

Landmark Judgments under Section 108 IEA

1978 1 SCC 248

Supreme Court of India

Patnahcucisdb94 High Court (10 8)

2017 10 SCC 1

Supreme Court of India

2013 2 SCC 1

Supreme Court of India

Patnahcucisdb94 High Court (10 8)

Commonly Cited Alongside

Sections commonly cited alongside Section 108