Law4u - Made in India

What Is BSA Section 111?

Answer By law4u team

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

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.

Brefe Detail

This section addresses the legal burden of proof concerning the status of a person who has not been heard from for seven years. It specifies that if it can be demonstrated that a person has not been in contact with those who would typically communicate with them, the responsibility to prove that the person is alive falls on the individual claiming that they are alive.

Question & Answers

What happens when a person has not been heard from for seven years?

The burden of proving that the person is alive shifts to the individual who asserts that they are alive.

Who must provide evidence if a person has not been heard from for seven years?

The person claiming that the individual is alive must provide evidence to support their claim.

What kind of evidence is needed to prove that a person is alive after seven years?

Any evidence that indicates the individual has been in contact or has shown signs of life during the seven-year period.

Example

1. If John has not been seen or heard from by his family or friends for over seven years, and someone claims he is still alive, that person must provide proof of John’s existence.

2. In a court case, if it is established that Sarah has not communicated with anyone for seven years, the responsibility to prove her continued existence lies with anyone claiming she is still alive.

Summary

Section 111 of the Bhartiya Sakshya Adhiniyam, 2023, stipulates that if a person has not been heard from for seven years, the onus is on the individual asserting that the person is alive to provide evidence of that fact. This shifts the legal burden of proof in such cases.

Our Verified Advocates

Get expert legal advice instantly.

Advocate V K Dhiman

Advocate V K Dhiman

Divorce, Criminal, Anticipatory Bail, Civil, Property

Get Advice
Advocate R P Singh

Advocate R P Singh

Anticipatory Bail, Court Marriage, Domestic Violence, High Court, Criminal, Revenue, Labour & Service

Get Advice
Advocate Kalimuddin Mallick

Advocate Kalimuddin Mallick

Cyber Crime, GST, Property, R.T.I, Tax

Get Advice
Advocate Sandip Eknath Virle

Advocate Sandip Eknath Virle

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Documentation, Domestic Violence, Family, High Court, Muslim Law, RERA, Succession Certificate, Wills Trusts, Revenue

Get Advice
Advocate Karan Gida

Advocate Karan Gida

Criminal, Cheque Bounce, Anticipatory Bail, Court Marriage, High Court, Family

Get Advice
Advocate Prabu S

Advocate Prabu S

Anticipatory Bail,Banking & Finance,Cheque Bounce,Child Custody,Civil,Court Marriage,Customs & Central Excise,Criminal,Cyber Crime,Divorce,Domestic Violence,Family,High Court,Immigration,Medical Negligence,Motor Accident,Muslim Law,Property,Recovery,Supreme Court

Get Advice
Advocate Vijay Babu Saxena

Advocate Vijay Babu Saxena

Criminal, Family, High Court, Motor Accident, R.T.I, Domestic Violence, Recovery, Cyber Crime, Court Marriage, Cheque Bounce, Anticipatory Bail

Get Advice
Advocate Prakash Chandra Dwivedi

Advocate Prakash Chandra Dwivedi

Anticipatory Bail, Cheque Bounce, Civil, Court Marriage, Criminal, Cyber Crime, Domestic Violence, High Court, Supreme Court

Get Advice

Bhartiya Sakshya Adhiniyam (BSA) Related Questions

Discover clear and detailed answers to common questions about Bhartiya Sakshya Adhiniyam (BSA). Learn about procedures and more in straightforward language.