Evidence Act 1893 s 110
s 110 Burden of proving that person is alive who has not been heard of for 7 years
110. When the question is whether a person is alive or dead, and it is proved that the person has not been heard of for 7 years by those who would naturally have heard of the person if the person had been alive, the burden of proving that the person is alive is shifted to the person who affirms it.
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