Section 107 of the Indian Evidence Act: Burden of Proving Death Within Thirty Years
Section 107 of the Indian Evidence Act, 1872 established a rule about the burden of proving death when a person was known to be alive within the preceding thirty years. Its corresponding provision under the law in force since 1 July 2024 is Section 110 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
Text of Section 107 of the Indian Evidence Act, 1872
Heading: Burden of proving death of person known to have been alive within thirty years.
When the question is whether a man is alive or dead, and it is shown that he was alive within thirty years, the burden of proving that he is dead is on the person who affirms it.
Section 110 of the Bharatiya Sakshya Adhiniyam, 2023
Section 110, titled Burden of proving death of person known to have been alive within thirty years, carries forward the same rule. Where evidence establishes that a person was alive at some point within the last thirty years, the party asserting that the person has died must prove that assertion.
Read the authoritative statute in the official Bharatiya Sakshya Adhiniyam, 2023 (India Code PDF), or consult the India Code Act record.
Meaning and legal effect of the thirty-year rule
- Initial fact: It must be shown that the person was alive within the relevant thirty-year period.
- Burden of proof: The person alleging death must establish it with admissible evidence.
- Not a guarantee of survival: The rule allocates the burden of proof; it does not conclusively establish that the person is alive.
- No automatic declaration of death: Mere disappearance does not itself satisfy the burden of proving death under this provision.
How the seven-year absence rule differs
Section 108 of the former Evidence Act corresponds to Section 111 of the BSA. Where a person has not been heard of for seven years by people who would naturally have heard from that person if alive, the burden of proving that the person is alive shifts to the party asserting continued life.
The seven-year rule concerns the burden of proof as to whether the person is alive. It does not by itself establish the precise date or circumstances of death; those matters may require separate proof.
| Issue | Former law | Current corresponding law |
|---|---|---|
| Death asserted after proof of life within 30 years | Evidence Act, Section 107 | BSA, Section 110 |
| Person not heard of for 7 years by those naturally expected to hear | Evidence Act, Section 108 | BSA, Section 111 |
| Repeal and treatment of pending matters | Former Act applies where saved | BSA, Section 170 |
Practical illustration
Suppose a person was reliably known to be alive ten years ago. In a dispute over succession, a party claims that the person has died. Under Section 110 BSA, that party ordinarily bears the burden of proving death. If the evidence also establishes that the person has not been heard of for seven years by those who would naturally have heard from them, Section 111 may shift the burden to a party asserting that the person is still alive. The court must assess whether the conditions of the relevant provision have been proved.
When does the old Section 107 still apply?
Section 170(1) of the BSA repeals the Indian Evidence Act, 1872. Section 170(2) preserves the application of the former Act to an application, trial, inquiry, investigation, proceeding or appeal that was pending immediately before 1 July 2024. The applicable evidentiary regime should therefore be checked against the commencement date and the status of the particular matter.
Frequently asked questions
Does Section 107 presume a missing person is alive for thirty years?
It places the burden of proving death on the person asserting death where it is shown that the individual was alive within thirty years. It is a rebuttable evidentiary rule, not an unconditional declaration of life.
Is a missing person automatically declared dead after seven years?
No. Section 111 BSA shifts the burden of proving continued life when its factual requirements are established. It does not automatically fix a date of death or replace any declaration or administrative procedure required in a particular case.
What provision replaces Section 107 of the Evidence Act?
Section 110 of the Bharatiya Sakshya Adhiniyam, 2023 is the corresponding current provision.
Official legal sources
- Bharatiya Sakshya Adhiniyam, 2023 - official enacted text (Sections 110, 111 and 170)
- Bureau of Police Research and Development - new criminal laws and official resources
- India Code - official central legislation database
Information is provided for general legal education. Application to a specific case depends on the facts, evidence and procedural law.