Section 111 Bharatiya Sakshya Adhiniyam, 2023: Burden of proving that person is alive who has not been heard of for seven years

Section 111 of Bharatiya Sakshya Adhiniyam, 2023: Burden of proving that person is alive who has not been heard of for seven 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 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.

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 111

Section 111 establishes the statutory presumption of death, providing that when a person has not been heard of for seven years by those who would naturally have heard of them had they been alive, the burden of proving that they are alive shifts to the person affirming it.

Seven-Year Unheard Baseline: Applies when a person disappears and remains unheard of by close family members or employers for seven consecutive years.
Shifting of Evidentiary Burden: The law presumes the fact of death; whoever contends that the person is still alive bears the complete burden of proof.
No Presumption as to Date of Death: Crucial legal rule: the statute presumes ONLY the fact of death at the end of seven years, NOT the precise date or time of death.

Key Landmark Precedents:

LIC of India v. Anuradha (2004) 10 SCC 131: The Supreme Court held that the presumption under Section 108 IEA (Section 111 BSA) extends only to the fact of death, not to the date of death; anyone claiming that the person died on a specific date must lead affirmative evidence.
Subhas Ramchandra Draivid v. State of Maharashtra (2008) 12 SCC 377: Affirmed that the seven-year period runs from the date when the person was last seen or heard from by natural relations.

Courtroom Practice & Strategic Litigation Guidance:

In civil suits for declaration of civil death and release of pension or insurance, file police non-traceable reports, paper publications, and affidavits of family members under Section 111; do not ask for a declaration of the exact date of demise unless supported by specific medical or casualty evidence.