Evidence Law Notes for Evidence Law Notes

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Burden of proving whether a person is alive

Section 32 of the evidence Act 2031 lays down that where a person is unknown for 12 years to his/her close relatives , the law presumes that such person is dead .The party claiming that such person is alive must bear burden of proof to that effect. As per the Section 108 of the Evidence Act 1872 of India states that “when a person is not heard of for seven years, he/she is presumed to be dead by law.But if anybody says that he/she is alive , the burden of proof lies on him/her .In the case of N.Jaylaxmi Ammal vs.R. Gopal Pattar, Indian Supreme Court observed that “one not heard for 7 years is presumed to be dead.’

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