The Chief Registrar of Births and Deaths All States / UTS — LIST OF AMENDING ACTS

To The Chief Registrar of Births and Deaths All States / UTS Sub: Clarification regarding determination of place and date of death of a missing person. Sir, Please refer to this office letter no. 1/12/87 — VS (Cord -HP) dated 07.09.2000 which was issued in respect of determination of place and date of death of a missing person, wherein, It was specified that under Section 108 of Indian Evidence Act 1872' a person who is unheard for more than seven years is presumed to be dead and said section does not speak about the date and place of death, the date and place of death of a missing person has to be determined by the competent Court / authority on the basis of oral and documentary evidence produced before the Court. However, now a days, it has came to the notice of this office through various State Governments that the respective Courts are not mentioning the date and place of death of a missing person in its order which create problem in registration of death of the missing person. In view of the above, this issue has been referred to the Union Ministry of Law &justice for their advice. The Ministry has adviced that — The earliest date to which the death can be presumed can only be the date when the suit or claim of that right is filed as has been held in the matter ofJeshankar vs Bai Divali, reported in (1 920) 22 Born Lr 77]. The issue has been made more clear on the point of date of death in the matter reported in AIR 1945 Madras 440 Bhagat Us. LIC, Madras wherein it was observed that in the absence ofprobable motive offoul play or accident one has to speculate as to the cause of his disappearance, and it could not be presumed that he was dead, on the date of his disappearance and in the absence ofproof that he was alive the only conclusion possible is that he was at