​Indian Evidence Law – Bharatiya Sakshya Adhiniyam 2023-Burden of Proving the Death of a Person Known to Have Been Alive Within Thirty Years [Section 110]
1. Introduction
In legal proceedings, questions often arise as to whether a person is alive or dead, particularly in matters relating to succession, insurance claims, property disputes, and matrimonial rights. The Bharatiya Sakshya Adhiniyam, 2023 lays down clear rules regarding the burden of proof in such situations. Section 110 specifically deals with cases where a person is shown to have been alive within the last thirty years.

2. Statutory Provision under Section 110
Section 110 provides that:

• When the question is whether a person is alive or dead, and
• it is shown that such person was alive within thirty years,

then the burden of proving that he is dead lies on the person who asserts that he has died.
Thus, the law presumes the continuance of life once it is established that a person was alive within the preceding thirty years.

3. Scope and Principle
This provision is founded on the principle of presumption of continuity of life. Human life, once proved to exist, is presumed to continue for a reasonable period unless the contrary is shown. Section 110 embodies this principle by placing the onus on the party alleging death.
The presumption under this Section is rebuttable, meaning that it can be displaced by credible evidence showing that the person has in fact died. Until such evidence is produced, the court is bound to proceed on the assumption that the person continues to be alive.

4. Burden of Proof
The essential requirement to attract Section 110 is proof that the person was alive within thirty years prior to the date on which the question of life or death arises. Once this fact is established:

• The law presumes that the person is alive; and
• The party asserting death must prove it by leading appropriate evidence.

The evidence may be direct or circumstantial, depending upon the facts of the case.

5. Relationship with Section 111
Section 110 must be read together with Section 111 of the Bharatiya Sakshya Adhiniyam. While Section 110 presumes continuance of life, Section 111 provides an exception by raising a presumption of death where a person has not been heard of for seven years by those who would naturally have heard of him if he were alive. Section 111, therefore, operates as a proviso to Section 110.

6. Conclusion
Section 110 of the Bharatiya Sakshya Adhiniyam, 2023 reflects a practical and logical rule of evidence based on human experience and probability. By presuming the continuance of life for thirty years, it prevents premature or speculative conclusions regarding death and ensures that the party alleging death discharges the burden of proof. This provision, read along with Section 111, creates a coherent legal framework governing presumptions relating to life and death.