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What period of absence of news is required to shift the burden of proving that a person is alive under…

Under Section 111 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 108 of the Indian Evidence Act, 1872), when the question is whether a man is alive or dead, and…

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What period of absence of news is required to shift the burden of proving that a person is alive under section 111 of the Bharatiya Sakshya Adhiniyam, 2023?

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Answer and explanation

Correct answer B

Under Section 111 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 108 of the Indian Evidence Act, 1872), 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. Therefore, '7 years' is the correct answer.

Option feedback

Option A

Incorrect because 3 years is not the statutory period required to shift the burden of proving that a missing person is alive under Section 111 BSA (formerly Section 108 IEA).

Option B

Correct because under Section 111 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 108 IEA), when it is proved that a person has not been heard of for 7 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.

Option C

Twelve years is longer than the seven-year statutory period. Section 111 does not require waiting twelve years.

Option D

Section 110 concerns a different question. If a person was shown to be alive within thirty years, it places the burden of proving death on the person who asserts it.

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