Indian evidence law | Updated 20 October 2026

Section 108 Evidence Act: Presumption of Death After Seven Years and BSA Section 111

When a missing person has not been heard of for seven years by people who would naturally have heard from that person, Indian evidence law shifts the burden to anyone asserting that the person remains alive.

Current law: Section 111 of the Bharatiya Sakshya Adhiniyam, 2023

The Bharatiya Sakshya Adhiniyam, 2023 (BSA), effective from 1 July 2024, replaces the Indian Evidence Act, 1872 for proceedings to which the new legislation applies, subject to statutory savings and transitional provisions. The corresponding current provision is Section 111 of the BSA.

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.

Read the official Bharatiya Sakshya Adhiniyam, 2023 (India Code PDF), particularly Sections 110 and 111.

Earlier law: Section 108 of the Indian Evidence Act, 1872

Section 108 - Burden of proving that person is alive who has not been heard of for seven years. The earlier provision stated that, where the question was whether a person was alive or dead and that person had not been heard of for seven years by those who would naturally have heard of the person if alive, the burden of proving continued life shifted to the person affirming it.

The source text included historical editorial notes recording substitutions in the original provision. Those amendment notes are of historical interest; Section 111 BSA now states the operative rule directly.

Meaning and essential conditions

The provision concerns a rebuttable presumption relating to death, rather than automatic proof of every legal consequence of death. A party invoking it ordinarily needs to establish:

1. The person's whereabouts and continued existence are genuinely in issue.
2. There has been no news of the person for at least seven years.
3. The absence of news is established through people who would naturally have heard from that person if alive, such as close family members or regular contacts, depending on the facts.
4. The opposing party asserts that the missing person is still alive; once the statutory foundation is established, the burden shifts to that party.

Does seven years of absence establish the date of death?

No. The statutory presumption does not, by itself, establish that death occurred on the date of disappearance, at the end of the seventh year, or on any other particular date. Where the precise date matters for inheritance, insurance, succession or another legal entitlement, it must be proved by appropriate evidence and applicable law.

Relationship with the thirty-year rule

Section 107 of the former Evidence Act (now Section 110 BSA) provides that where a person was shown to be alive within thirty years, the burden of proving death ordinarily rests on the person asserting death. Section 108 of the former Act (now Section 111 BSA) addresses the special situation of seven years without news from a person whose natural contacts would ordinarily have heard from them.

See the related article on Section 107: burden of proving death within thirty years.

Practical example

A person disappears and, for more than seven years, neither their family nor other persons who would normally receive news have heard from them. If credible evidence establishes these circumstances in a legal dispute over whether the person is alive, Section 111 BSA can shift the burden to the party claiming that the missing person is still living. The court must nevertheless assess the evidence and the specific relief requested.

Frequently asked questions

Is a missing person automatically declared dead after seven years?

No. The evidentiary rule shifts the burden of proof when its requirements are satisfied. A declaration, registration or other official action may require separate procedures.

Can the presumption be rebutted?

Yes. Reliable evidence showing that the person remains alive may rebut the presumption.

Which section applies after 1 July 2024?

Section 111 of the Bharatiya Sakshya Adhiniyam, 2023 is the corresponding provision under the new law, subject to transitional rules applicable to particular proceedings.

Official legal reference

Bharatiya Sakshya Adhiniyam, 2023 - official India Code text. Consult the current statutory text, relevant procedural rules and case law for any specific dispute.

This article is for general legal information and is not a substitute for advice on an individual case.