In law, a man is presumed to be dead if he is not heard of as alive for

Haryana Judicial Service (Civil Judge) Prelims 2010 Previous Year Question Papers with MCQ Answers

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In law, a man is presumed to be dead if he is not heard of as alive for

A: 4 years

B: 7 years

C: 10 years

D: 15 years

The answer is: B

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Explanation

The correct option is B: 7 years.

According to Section 108 of the Indian Evidence Act, if a person has not been heard of as alive for seven years by those who would naturally have heard of him if he were alive, the law presumes him to be dead. This is a presumption of law that applies to civil and criminal cases, unless there is evidence to the contrary. However, the presumption of death may vary depending on the circumstances of the case, such as the nature of the disappearance, the motive for the absence, the possibility of communication, etc. Therefore, the court has to consider all the relevant facts and circumstances before making a presumption of death order.