Section 110 Bharatiya Sakshya Adhiniyam, 2023: Burden of proving death of person known to have been alive within thirty years

Section 110 of Bharatiya Sakshya Adhiniyam, 2023: Burden of proving death of person known to have been alive within thirty years

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Court Sec 2(1)(a) Burden Of Proof Sec 104

Legal Commentary & Landmark Judgments: Section 110

Section 110 embodies the statutory presumption of continuance of life, providing that 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.

Presumption of Continuance: Once a person is shown to have been alive within the preceding thirty years, the law presumes they remain alive.
Burden of Proving Death: The burden shifts entirely to the party asserting death to prove the actual fact and date of demise.
Interplay with Section 111: Section 110 establishes the 30-year life baseline, which is qualified by the 7-year presumption of death under Section 111 BSA.

Key Landmark Precedents:

LIC of India v. Anuradha (2004) 10 SCC 131: The Supreme Court analyzed the interplay between Section 107 and Section 108 IEA (Sections 110 and 111 BSA), holding that while Section 107 presumes life within 30 years, Section 108 creates a counter-presumption of death when unheard of for 7 years.
Channulal Verma v. State of Chhattisgarh (2019) 12 SCC 438: Affirmed that life is presumed to continue unless the statutory conditions for presumption of death are satisfied.

Courtroom Practice & Strategic Litigation Guidance:

In ancestral property disputes where a co-sharer has not been heard from, establish that they were seen alive within 30 years to defeat any claim that their branch's share has lapsed, forcing the claimant to satisfy Section 111.