Indian Evidence Act, 1872 · Chapter VII: Of the Burden of Proof
Section 108: Burden of proving that person is alive who has not been heard of for seven years
The Indian Evidence Act, 1872 was repealed and replaced by the Bharatiya Sakshya Adhiniyam, 2023 from 1 July 2024. It still applies to matters and proceedings from before that date, as the repealing law provides.
In plain words
When the question is 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 of them, the burden of proving they are alive shifts to the person who says so.
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
[Provided that 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 (Legislative Department), the text of the Act as it stood before its repeal. 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.
Supreme Court judgments citing the section 108
- Shakeel Ahmed v. Union of India & Ors.
- Baldev Singh v. State of Punjab
- Sahdeo @ Sahdeo Singh v. State of U.P. and Ors.
- Santosh Kumar Dubey v. State of U.P. & Ors.
- The Oriental Insurance Company Ltd. v. Sorumai Gogoi and Ors.
- Saroop Singh v. Banto and Ors.
- L.I.C. of India v. Anuradha
- Darshan Singh and Ors. v. Gujjar Singh (Dead) by Lrs. and Ors.
- K.I. Pavunny v. Assistant Collector (Head Quarter), Central Excise Collectorate, Cochin
- Balaram Prasad Agrawal v. State of Bihar & Ors.
- N. Jayalakshmi Ammal and Ors. v. R. Gopala Pathar and Anr.
- Gurdit Singh and Ors. Etc. v. Munsha Singh and Ors. Etc.