IEA §108 → BSA §111
Burden of proving that person is alive who has not been heard of for seven years
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Comparison
108. Burden of proving that person is alive who has not been heard of for seven years. –– 1[Provided that 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 2[shifted to] the person who affirms it.
111. 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.
What changedAI-inferred
Burden of proving that person is alive who has not been heard of for seven years.
Old position
IEA 108 is concerned with Burden of proving that person is alive who has not been heard of for seven years. Burden of proving that person is alive who has not been heard of for seven years
New position
BSA 111 preserves the framework with drafting modernisations as required by the new code. Topic: Burden of proving that person is alive who has not.. 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
BSA 111 (Burden of proving that person is alive who has not.) preserves the framework of IEA 108. BSA 111 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BSA 111 text: When the question is whether a...
Editorial deltaAI-indicated (source-linked)
BSA 111 (Burden of proving that person is alive who has not.) preserves the framework of IEA 108. BSA 111 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BSA 111 text: 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.
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IEA 108 continues to apply. For matters from that date forward, BSA 111 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BSA 111 (Burden of proving that person is alive who has not.). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Indian Evidence Act, 1872
- Gazette of India — Bharatiya Sakshya Adhiniyam, 2023
Cite this page
Newlaws.in, IEA §108 → BSA §111 Mapping Page, last updated 2026-05-01, accessed 2026-06-15, https://newlaws.in/iea/108.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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