If it is proved that a man has not been heard of for __ by those who would naturally have heard of him if he were alive, the presumption under section 108 of the Indian Evidence Act is that he is dead:
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Section 108 of the Indian Evidence Act creates a presumption that if a person has not been heard of for 7 years by those who would naturally have heard of them, the burden of proving they are alive shifts. The court MAY presume death.