Section 111 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
📜 Section 111 of the Bharatiya Sakshya Adhiniyam, 2023
Provision:
Burden of proving that a person is alive who has not been heard of for seven years.
Text:
When the question is whether a person is alive or dead, and it is proved that they have not been heard from for seven years by those who would naturally have heard from them if they were alive, the burden of proving that they are alive shifts to the person who asserts it
🔍 Detailed Explanation
1. Context and Purpose
Section 111 addresses situations where there is uncertainty about an individual's status—whether they are alive or deceased. This provision is particularly relevant in cases involving inheritance, property rights, or legal claims where the status of a person is in question.
2. Legal Implication
Under this section, if it is established that a person has not been heard from for seven consecutive years by those who would naturally have been in contact with them, the law presumes that the person may be dead. Consequently, the responsibility to prove that the person is still alive falls upon the individual who claims their survival.
3. Practical Application
Inheritance Matters: In cases where a person has been missing for seven years, heirs may seek to claim their property. The burden of proof lies with those asserting the person's survival.
Legal Proceedings: This provision aids courts in determining the status of individuals in legal disputes, ensuring that claims are substantiated with evidence.
4. Presumption of Death
The seven-year period serves as a statutory presumption of death. While this does not conclusively declare the person dead, it shifts the evidentiary burden to those asserting life, thereby facilitating legal processes in the absence of direct evidence.
🧾 Example
If an individual named Ravi has been missing since 2015 and there has been no communication or information about him since then, his family may seek to declare him legally dead to settle his estate. According to Section 111, since Ravi has not been heard from for over seven years, the burden of proving that he is still alive would rest on anyone claiming his survival.
⚖️ Summary
Presumption of Death: If a person has not been heard from for seven years, the law presumes they may be dead.
Burden of Proof: The onus to prove the person's survival lies with those asserting it.
Legal Certainty: This provision provides a framework for resolving cases involving missing persons, ensuring that legal proceedings can progress in a structured manner.
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