A civil court can declare a person legally dead if they have not been heard from for seven years, based on Section 108 of the Indian Evidence Act, 1872.
This is typically done when a legal heir files a civil suit for a declaration of presumed death to settle matters like inheritance, remarriage, or insurance.
Section 108 of the Indian Evidence Act, 1872, creates a legal presumption that a person is dead if they have not been heard from for seven continuous years by those who would naturally have heard from them had they been alive. To obtain a formal declaration of civil death, a civil suit must be filed in a civil court.
This presumption is applied only when a court, tribunal, or other authority must decide whether a person is alive or dead.
To obtain benefits related to the missing person, one can file a suit for this declaration.
The person filing the suit (the petitioner) must provide evidence, such as:
- The First Information Report (FIR) or a missing person report.
- Proof of search efforts, like police investigation reports or newspaper advertisements.
- Affidavits from family members, relatives, or neighbours.
The court will review the evidence, issue notices, and hold hearings. If satisfied, the court will pass an order declaring the person civilly dead. Following the court’s declaration, the petitioner can use the court order to apply for a death certificate from the relevant municipal authority.
