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Bharatiya Sakshya Adhiniyam, 2023 · Chapter VII: Of the Burden of Proof

Section 111: Burden of proving that person is alive who has not been heard of for seven years

Earlier law: Evidence Act section 108 (Burden of proving that person is alive who has not been heard of for seven years)

In plain words

When it is in question whether a person is alive or dead, and it is proved they have not been heard of for seven years by those who would naturally have heard from them, the burden shifts to the person who says they are alive.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Official text

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.

Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.

Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 25 August 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Supreme Court judgments citing the section 111

No Supreme Court judgment in our database cites this section yet.