Section 110 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
๐ Section 110 โ Burden of Proving Death of Person Known to Have Been Alive Within Thirty Years
Text:
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.(myjudix.com)
๐งพ Detailed Explanation
Section 110 of the Bharatiya Sakshya Adhiniyam, 2023, addresses the legal burden of proof concerning the death of an individual. It stipulates that if there is a dispute over whether a person is alive or deceased, and it is established that the person was alive within the past thirty years, the responsibility to prove the person's death lies with the individual who asserts it.
This provision is particularly relevant in legal contexts such as inheritance claims, property disputes, or cases where the status of an individual (alive or deceased) impacts the proceedings. The rationale behind this section is that it is more plausible for a person to have died within the last thirty years than to have been alive during that period but is now unaccounted for.
Example:
If an individual, say Mr. X, was known to be alive in 1995 but has not been heard from since, and a claim is made in 2025 regarding his death, the onus is on the claimant to provide evidence of Mr. X's death. Merely stating that he has not been heard from for a long period is insufficient; concrete evidence of his death must be presented.(kanoongpt.in)
โ๏ธ Legal Significance
Clarifies Burden of Proof: This section clearly delineates the responsibility of proving death, thereby preventing frivolous claims and ensuring that legal proceedings are based on substantiated facts.
Protects Legal Interests: In cases involving property rights, succession, or other legal matters, this provision safeguards the interests of parties who might be adversely affected by unproven assertions of an individual's death.
Encourages Due Diligence: It encourages parties to conduct thorough investigations and gather credible evidence before making claims about a person's status, thereby promoting fairness and justice in legal processes.
In essence, Section 110 serves as a safeguard against unsubstantiated claims regarding an individual's death, ensuring that such assertions are backed by credible evidence, thereby upholding the integrity of legal proceedings.
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