Indian Evidence Act 1872–Burden of Proof (Section 107 & 108)
1. Indian Evidence Act was enacted on 15th March 1872 and came into force on 1st September 1872. This act was also applied in Pakistan until 1984. It contains a set of rules and allied issues governing the admissibility of evidence in the Indian Court of Law.
2. Burden of Proof is covered under Sections 101–114 of the Indian Evidence Act, but the term Burden of Proof has not been defined in the Act. It has two distinct meanings;
1. The Burden of Proof as a matter of Law and Pleading: According to this definition, the party providing facts during pleading has the burden to prove the facts.
2. The Burden of Proof as a matter of Adducing Evidence According to this, it is the burden of the party to prove their facts to adduce evidence.
3. Section 101 of the Indian Evidence Act states that the burden of proof is on the party who is saying.
4. In simple words, the burden of proof defines the responsibility of a party to approve or disprove a fact. In criminal cases, the court always places the burden of proof on the prosecution, who must establish that the accused is guilty as charged.
5. Section 107 of the Indian Evidence Act states the burden of proving the death of a person known to have been alive within 30 years. If a person is known to be alive for 30 years but if any other person contradicts and says that the concerned person has died then the burden of proving the death of the concerned person is on the person claiming that the person had died.
6. To prove the death of a person known to be alive for 30 years, it is mandatory to prove when he died, which day he died and how he died.
7. The burden of proving the details of the death lies upon the person claiming the death of that person and if he successfully proves the death of the person considered alive for the last 30 years, then the court will declare the death of the concerned person.
8. Section 108 of the Indian Evidence Act states the burden of proving the person is alive who has not been heard for 7 years. If a person is not heard or is missing for 7 years, then he is considered dead in the court of law. But, if a person claims that the concerned person is alive, then the burden of proving that the person is alive is on the person claiming the same.
9. Court considers a person dead if he is been missing for 7 years or more and until it is proved in the court of law that the concerned is alive, the court will consider the missing person dead.
10. Section 107 and section 108 of the Indian Evidence Act deals with the burden of proving the death of a person known to have been alive for 30 years and proving a person is alive who is missing since 7 years, respectively.
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