Section 110 BSA 2023: Burden of Proving Death of a Person Known to Have Been Alive Within Thirty Years

Section 110 of the Bharatiya Sakshya Adhiniyam, 2023 deals with the burden of proof when a court must decide whether a person is alive or dead. If it is shown that the person was alive at any time within the preceding thirty years, the person who asserts that the person is dead must prove the death.

Section 110 - Burden of proving death of person known to have been alive within thirty years

110. 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.

Meaning and scope of Section 110 BSA

The provision creates a rule about who must produce proof. Once evidence establishes that the person was alive within thirty years, the law places the burden on the party asserting that the person has died. The section does not by itself establish the date, place, or circumstances of death. Those matters must be proved through admissible evidence where they are relevant to the dispute.

Essential requirements

There must be a question before the court as to whether a person is alive or dead.
It must be shown that the person was alive within thirty years.
The party who asserts that the person is dead bears the burden of proving death.
The rule concerns burden of proof; the nature and sufficiency of evidence will depend on the facts of the case and other applicable provisions of the BSA.

How Section 110 works with Section 111 BSA

Section 110 and Section 111 address related but different evidentiary situations. Section 110 applies where a person is shown to have been alive within thirty years and another party asserts death. Section 111 deals with a person who has not been heard of for seven years by those who would naturally have heard of that person if alive. In that situation, the burden shifts to the person who affirms that the person is alive.

Important distinction Section 110 does not mean that a person is conclusively presumed to remain alive for thirty years. It identifies the party who carries the burden of proving death when the statutory condition is satisfied.

Practical relevance

Questions of life or death can arise in civil, succession, property, insurance, matrimonial, service, pension, and other proceedings. Section 110 helps the court determine which party must first establish the asserted death when the person was known to have been alive within the relevant thirty-year period.

Bharatiya Sakshya Adhiniyam, 2023 and commencement

The Bharatiya Sakshya Adhiniyam, 2023 is Act No. 47 of 2023. It came into force on 1 July 2024. Section 110 forms part of the group of provisions dealing with burden of proof and related presumptions.

Official legal sources

For authoritative text and commencement information, consult the official Government of India sources below.

India Code - Bharatiya Sakshya Adhiniyam, 2023 Ministry of Home Affairs - New Criminal Laws MHA Notification - Commencement from 1 July 2024

This page provides general legal information about Section 110 of the Bharatiya Sakshya Adhiniyam, 2023. For application to a particular dispute, the complete statute, applicable rules, judicial decisions, and facts of the case should be considered.