Question

The presumption of continuance of life is contained in Sec. .......................... of the Evidence Act

• A. 107
• B. 108
• C. 207
• D. 115

Hint:

Remember Sections 107 and 108 of the Evidence Act as a pair. Section 107 is the presumption of life (if seen in the last 30 years). Section 108 is the presumption of death (if not heard of for 7 years). They deal with opposite sides of the same issue and are frequently tested together.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The Indian Evidence Act, 1872, contains several presumptions. The question asks for the section that deals with the presumption that a person is still alive if they were known to be alive recently.
Step 2: Key Formula or Approach:
Let's examine the relevant sections:
- Section 107 - Burden of proving death of person known to have been alive within thirty years: "When the question is whether a man 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 section creates a presumption of the continuance of life.
- Section 108 - Burden of proving that person is alive who has not been heard of for seven years: This section is the counterpoint to Section 107. It states that when a person has not been heard of for seven years by those who would naturally have heard of him, the burden of proving that he is alive shifts to the person who affirms it. This creates a presumption of death.
- Section 115 deals with Estoppel.
- There is no Section 207 in the Indian Evidence Act.
Step 3: Detailed Explanation:
The question specifically asks for the presumption of the "continuance of life." Section 107 directly provides this. It establishes that if someone was alive within the last 30 years, the law will presume they are still alive, and the party claiming they are dead must prove it.
Step 4: Final Answer:
The presumption of continuance of life is contained in Sec. 107.