Code: Section 111 Bharatiya Sakshya Adhiniyam, 2023
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.
Explanation of Section 111 BSA
Section 111 of the Bharatiya Sakshya Adhiniyam, 2023 deals with the situation where there is uncertainty about whether a person is alive or dead, particularly in cases where the person has not been heard from for an extended period. If it can be shown that the person has not been heard from for seven years by those who would normally have contact with them, the burden of proof shifts to the party who asserts that the person is still alive.
This rule is based on the legal principle that, in the absence of information or communication, it is reasonable to assume that a person may be dead after a long period of silence. However, the burden of proof remains on the party claiming that the person is alive, as the law does not make such assumptions lightly.
Key Principles:
- If a person has not been heard of for seven years, it is assumed they might be dead.
- The burden of proof then shifts to the person asserting that the individual is alive.
- This section helps to clarify legal matters related to individuals who are missing for extended periods and whose status (alive or dead) is in question.
Illustrations
Illustration 1:
A person has not been heard from in the last eight years, and no one has had contact with him. If his family claims he is still alive, they must prove it, as the burden of proof has shifted to them due to his long period of absence.
Illustration 2:
A person, once a well-known business owner, has not been heard from in seven years. His business partners claim he is still alive. According to Section 111, they must prove that he is alive, as the assumption is that he may be dead after such an extended period of no contact.
Common Questions and Answers on Section 111 BSA
- When does the burden of proof shift in cases of missing persons?
- The burden of proof shifts if it is proven that the person has not been heard from for seven years by those who would naturally have heard from them if they were alive.
- What is the significance of the seven-year period?
- The seven-year period is seen as a reasonable amount of time to assume that a person may be dead, given that they have not been in contact with those who would have naturally communicated with them.
- Can the burden of proof shift even if the person was known to be alive in recent years?
- Yes, the burden shifts after seven years of no contact, regardless of how recently the person was known to be alive.
- What kind of evidence is required to prove that a person is alive after seven years?
- The party asserting that the person is alive must provide credible evidence, such as communications, sightings, or other forms of proof indicating that the person is still living.
Conclusion
Section 111 of the Bharatiya Sakshya Adhiniyam, 2023 addresses the issue of proving whether a person is alive or dead in cases where the individual has not been heard from for seven years. After such a prolonged absence, the law shifts the burden of proof to the person claiming that the individual is still alive, ensuring that any such claim is backed by adequate evidence.
This provision helps to avoid prolonged legal uncertainty and ensures that the presumption of death can be made when a person has been missing for an extended period without communication. The law provides a clear framework for dealing with such situations, protecting the interests of all parties involved.
For further understanding of legal provisions related to evidence and the law, visit ApniLaw.
