Which of the following statements do NOT hold true for the section 108 of the Indian Evidence Act 18...........

Indian Evidence Act (IEA) 1872 Burden of Proof

Which of the following statements do NOT hold true for the section 108 of the Indian Evidence Act, 1872?

The rule of Muhammadan Law that a missing person is to be regarded as alive till the expiry of 21Rs ninety years from the date of birth is superseded by this section

The rule of Hindu Law that twelve years must elapse before an absent person, of whom nothing has been heard during the period is superseded by this section

The burden of proof lies with the person claiming that the death has not happened

None of these

Explanation:

- Option 1: Section 108 supersedes any personal laws, including Muhammadan Law, regarding presumption of death. v

- Option 2: This section also overrides the Hindu Law requirement of an absent 12-year period for presumption of death. v

- Option 3: Section 108 stipulates that the burden of proof shifts to the person asserting that death has not occurred after seven years of absence. v

- Option 4: None of these options hold untrue, making this the correct answer.

Based on the evaluation, the correct answer is:

- Option 4: None of these

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