What is Section 108 of the Evidence Act?
Asked by: Gaetano Grady | Last update: April 20, 2026Score: 4.6/5 (65 votes)
Section 108 of the Evidence Act (specifically the Indian Evidence Act, 1872) deals with the presumption of death, stating that if a person hasn't been heard from for seven years or more by those who would naturally hear from them, the burden shifts to anyone claiming they are alive to prove it; otherwise, the court presumes the person dead after that seven-year period. It's a crucial provision for establishing the civil death of missing persons, affecting inheritance, benefits, and legal status.
What is the 108 of Evidence Act?
As per Section 108 of the Indian Evidence Act, 1872, whenever a question arises 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, burden of proving that he is alive, is shifted to the person who affirms it.
What is 107 and 108 of the Evidence Act?
107. Burden of proving death of person known to have been alive within thirty years. 108. Burden of proving that person is alive who has not been heard of for seven years.
What is Section 108 of the Evidence Act 1950?
Section 108 Evidence Act 1950 also commonly known as the presumption of death in a simplistic view it means a person can be presume to be dead if he has not been heard of for 7 years by those who would have naturally heard of him if he had been alive.
What is the presumption of death under Evidence Act?
Presumption of death is governed by sections 107 and 108 of the Evidence Act, which allows for presumption of death for a person missing for 7 years to be raised in appropriate proceedings before the court.
Section 108 of Indian Evidence Act, 1872 | Evidence Act Lecture Series #ivlegal #advocateishankgupta
What is the best evidence rule in the Evidence Act?
The evidence law of India regards the “Best Evidence Rule” as a principle guiding the Indian Evidence Act 1872. By Best Evidence Rule we mean that the secondary evidence won't be applicable when primary evidence exists.
Can someone be declared dead without a body?
The law states a person is presumed to be alive until they are legally declared dead. If no body is found to prove they are dead, neither police nor the coroner can declare a death has occurred. The police investigation must remain open. Nobody has the authority to deal with the person's property and assets.
Can WhatsApp messages be used as evidence?
Is electronic data (including WhatsApp Messages) admissible as evidence in Indian Courts? Electronic evidence (including WhatsApp messages) is admissible in court, but the prosecution has to file a certificate under Section 65B of the Indian Evidence Act along with it.
What is the punishment for 108?
Description. If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Imprisonment for 10 years and fine.
What are the 4 categories of evidence?
The four main types of evidence, particularly in legal and argumentative contexts, are Testimonial (spoken/written statements), Physical/Real (tangible objects like weapons or DNA), Documentary/Digital (written records, emails, computer data), and Demonstrative (visual aids like charts or diagrams that explain other evidence). Other frameworks categorize them by strength (anecdotal, descriptive, correlational, causal) or function (direct, circumstantial, corroborating).
What does article 108 state?
Article 108 of the Indian Constitution provides a constitutional mechanism to resolve legislative disagreements between the two Houses of Parliament. By authorising the President to summon a joint sitting, it prevents legislative stagnation and upholds the efficiency of India's bicameral system.
What counts as strong evidence?
Scientific evidence varies in quality. High quality or strong evidence is that for which the change in scientists' belief in the truth of the claim is large, weak evidence is that for which the change is small.
What is hearsay evidence?
A written or oral statement made otherwise than by a witness giving their own first-hand evidence in proceedings, which is tendered as evidence of the matters stated and which is relied on in court to prove the truth of the matters stated.
What is the burden of proof under this Act?
California Code, Evidence Code - EVID § 115
“Burden of proof” means the obligation of a party to establish by evidence a requisite degree of belief concerning a fact in the mind of the trier of fact or the court.
What is article 108 of the constitution?
The joint sitting of the Parliament is called by the President of India (Article 108) and is presided over by the Speaker of the Lok Sabha or, in their absence, by the Deputy Speaker of the Lok Sabha, or in their absence, the Deputy Chairman of the Rajya Sabha.
What are the key principles of the Evidence Act?
The Foundations for Evidence-Based Policymaking Act of 2019, also known as the Evidence Act, requires federal agencies to develop evidence to support policymaking. Agencies must annually submit a systematic plan for identifying and addressing policy questions to the Office of Management and Budget (OMB) and Congress.
What is the purpose of Section 108?
Overview. The **Section 108 Loan Guarantee Program** (Section 108) provides Community Development Block Grant (CDBG) recipients with the ability to leverage their annual grant allocation to access low-cost, flexible financing for economic development, housing, public facility, and infrastructure projects.
What evidence is needed for conviction?
The legal standard of proof: “Beyond a reasonable doubt”
This means the prosecution must present evidence so compelling that no reasonable person would hesitate to find the defendant guilty.
What does section 108 mean?
Section 108. Abettor. Previous Next. A person abets an offence, who abets either the commission of an offence, or the commission of an act which would be an offence, if committed by a person capable by law of committing an offence with the same intention or knowledge as that of the abettor.
Can screenshots of text messages be used in court?
Yes, screenshots of text messages can be used in court, but they often face challenges with authentication, meaning you must prove they are real and unaltered; courts prefer original records, so screenshots are weaker evidence unless properly verified through metadata, witness testimony, or provider records, as they can be easily edited. To be admissible, they must show sender, recipient, date, time, and content clearly, with the party introducing them laying a proper foundation, often requiring more than just the image itself.
Can police open WhatsApp messages?
Update to the latest version of WhatsApp. Try updating your phone's operating system. Make sure you're connected to the internet. Restart your device.
Can screenshots be valid as evidence in court?
All evidence, including screenshots, is admissible in court as long as it is relevant and does not meet any exclusion criteria. However, the admissibility of screenshots becomes more complex when their authenticity is questioned.
What is the 40 day rule after death?
The "40-day rule after death" refers to traditions in many cultures and religions (especially Eastern Orthodox Christianity) where a mourning period of 40 days signifies the soul's journey, transformation, or waiting period before final judgment, often marked by prayers, special services, and specific mourning attire like black clothing, while other faiths, like Islam, view such commemorations as cultural innovations rather than religious requirements. These practices offer comfort, a structured way to grieve, and a sense of spiritual support for the deceased's soul.
What is a funeral without a body called?
Memorial Service
A service, held without the body present, that commemorates the life of the deceased.