Section 108 of IEA : Section 108: Burden Of Proving That Person Is Alive Who Has Not Been Heard Of For Seven Years

Explanation using Example

Imagine a scenario where Mr. Sharma, a businessman, went missing in 2010. His family searched for him but found no trace. Now, in 2021, his brother wants to settle Mr. Sharma's estate and approaches the court for a declaration of presumed death. Under Section 108 of The Indian Evidence Act, since Mr. Sharma has not been heard from for over seven years, the court presumes him dead. If someone (say, a distant relative) claims that Mr. Sharma is still alive, the burden of proof is on that relative to provide evidence supporting their claim.