What Is BSA Section 110?

Bhartiya Sakshya Adhiniyam, 2023 - Section 110: 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.

Brefe Detail

This section establishes that if there is a dispute about whether a person is alive or deceased, and there is evidence that the person was alive within the last thirty years, the responsibility to prove their death falls on the individual claiming that the person is dead.

Question & Answers

Q1: What is the main premise of Section 110?

A1: The section states that if it is established that a person was alive within the last thirty years, the burden of proof regarding their death lies with the person asserting that the person is dead.

Q2: Who carries the burden of proof in disputes regarding the status of a person's life?

A2: The burden of proof is on the person who claims that the individual is deceased.

Q3: What is the time frame mentioned in this section?

A3: The time frame is thirty years; it must be shown that the person was alive within this period.

Example

- If Person A claims that Person B, who was known to be alive thirty years ago, is now deceased, it is Person A's responsibility to provide evidence of Person B's death.

Summary

Section 110 clarifies that in situations where there is uncertainty about a person's status, and it is known that they were alive within the last thirty years, the onus is on the claimant to prove that the individual has passed away.