Burden of proving that person is alive who has not been heard of for seven years
Section 111 of the Bharatiya Sakshya Adhiniyam, 2023 deals with burden of proving that person is alive who has not been heard of for seven years. 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. The Act came into force on 01 Jul 2024.
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.
Section 111, The Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023).
Replaces a provision of the Indian Evidence Act
IEA 108 Burden of proving that person is alive who has not been heard of for seven years Text carried over almost unchanged 99%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Toralben v. Collector, Ahmedabad City
Decided under Indian Evidence Act 108, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
HC Final Order order-3.pdf 2018-07-16 DATE VERIFIED. J.B. Pardiwala J. FA 907/2016. Reportable. IEA 108 (exception to 107) raises only a limited presumption that a person unheard of for seven years is dead when the question arises in a legal proceeding; there is no presumption of the date or time of death (LIC v. Anuradha; Lal Chand Marwari). Husband missing since 2006 declared dead; non-joinder of the corporation is not fatal to that declaration. Map iea 108 + BSA 111 successor (near-identical 0.9916). Do not pad iea 107.
On this section: Successor of IEA 108 (mapping.csv near-identical, score 0.9916). The seven-year death-without-date presumption carries to BSA 111.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 111
What have the courts held on Section 111 of the Bharatiya Sakshya Adhiniyam?
Toralben v. Collector, Ahmedabad City (16 Jul 2018) is the leading judgment on this section among those set out below, though it was decided under IEA 108, which this section replaced -- the court never mentioned this Act: Successor of IEA 108 (mapping.csv near-identical, score 0.9916). The seven-year death-without-date presumption carries to BSA 111.
How do I find court cases under Section 111 of the Bharatiya Sakshya Adhiniyam?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BSA 111, section 111 BSA, section 111 of the Bharatiya Sakshya Adhiniyam. People searching for it also type 111 bsa act and bsa 110 and 111. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Toralben v. Collector, Ahmedabad City (16 Jul 2018).
What should I read with Section 111 of the Bharatiya Sakshya Adhiniyam, and has it changed?
It carries forward IEA 108 (Burden of proving that person is alive who has not been heard of for seven years), so the judgments decided under that provision are the case law on this one.
When did Section 111 of the Bharatiya Sakshya Adhiniyam come into force?
Section 111 of the Bharatiya Sakshya Adhiniyam, cited as BSA 111, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 26. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant1128 words
- 12. Facts showing existence of state of mind, or of body or bodily feeling1076 words
- 95. Exclusion of evidence of oral agreement815 words
- 2. Definitions794 words
- 6. Motive, preparation and previous or subsequent conduct773 words
- 63. Admissibility of electronic records764 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.