Haryana Judicial Service (Civil Judge) Prelims 2013 Previous Year Question Papers with MCQ Answers

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44.

A person is presumed to be alive if it is shown that he was alive within ...

A: Fourteen
B: Twenty
C: Seven
D: Thirty

The answer is: D

Explanation

The correct option is D: Thirty.

According to section 107 of the Indian Evidence Act, 1872, when the question is whether a person is alive or dead, and it is shown that he was alive within thirty years, the burden of proving that he is dead is on the person who affirms it. This is a presumption of fact based on the continuity of human life, unless there is evidence to the contrary.

However, this presumption is subject to section 108, which states that if a person has not been heard of for seven years by those who would naturally have heard of him if he were alive, the burden of proving that he is alive is shifted to the person who asserts it.