Is court order required in case a person goes missing and not traced even after 7 years
Ravinder Kumar Rohilla
(Querist) 26 August 2015
This query is : Resolved
Dear Sir,
My mother,then aged 78, went missing in Sept.98 and could not be traed after seven years. A compliant with the area P.S. was given and also a copy of which was given to MPS, Darya Ganj, Delhi. She could not be traed till today and after expirty of 7 years, concerned P.S. gave in writing that a person could not be traced.
We tried to obtain a court order on this issue but the Tis Hazari Courts did not issue any order after so many years, that there is a ruling in Indian Evidence Act, 1872, Section 108. Kindly advice if there is any judgment where exemption is granted to take an order from a court and settle issues with any entity.
SAINATH DEVALLA
(Expert) 27 August 2015
The settlement of claims in respect of missing persons would be governed by the provisions of Section 107 / 108 of the Indian Evidence Act, 1872. Section 107 deals with presumption of continuance and Section 108 deals with presumption of death. As per the provisions of Section 108 of the Indian Evidence Act, presumption of death can be raised only after a lapse of seven years from the date of his/her being reported missing. As such, the nominee / legal heirs have to raise an express presumption of death of the subscriber under Section 107/108 of the Indian Evidence Act before a competent court. If the court presumes that he/she is dead, then the claim in respect of a missing person can be settled on the basis of the same.
