Section 111
Burden of proving that person is alive who has not been heard of for seven years
Reviewed by Ravi Sisodia · Last reviewed 10 October 2026
Official text of section 111 of the Bharatiya Sakshya Adhiniyam, 2023 (Chapter VII: Of the burden of proof), with the matching section of the Indian Evidence Act, 1872.
Section 111, official 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.
Source: The Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023), Gazette of India Extraordinary, in force from 1 July 2024. The signed Gazette controls.
Compared with the Indian Evidence Act, 1872
Section 111 replaces Section 108 of the Indian Evidence Act, 1872 (“Burden of proving that person is alive who has not been heard of for seven years”). The wording is largely the same, with drafting changes such as renumbered or lettered sub-clauses and updated terms. The 1872 Act was repealed by section 170 of the Adhiniyam, which saves proceedings pending on 1 July 2024.
Nearby sections
- Section 109 — Burden of proving fact especially within knowledge
- Section 110 — Burden of proving death of person known to have been alive within thirty years
- Section 112 — Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
- Section 113 — Burden of proof as to ownership
Source and review trail
The text above is taken from the Gazette of India publication of the Act. Check later amendments and the signed Gazette before relying on it.
- Official text
- NCRB — Bharatiya Sakshya Adhiniyam, 2023, section 111