What is civil death
Anantalf
(Querist) 06 January 2011
This query is : Resolved
What is civil death?
adv. rajeev ( rajoo )
(Expert) 07 January 2011
If a person unheard upto 7 years amounts to civil death.
Paper publication has to be made and to declare it civil court decree is necessary.
Gulshan Tanwar
(Expert) 07 January 2011
What will be the status of the person if he appears on 92nd day of the Court's decree?
Gulshan Tanwar
(Expert) 07 January 2011
Will that amount to Civil birth?
Gulshan Tanwar
(Expert) 07 January 2011
Doesnt it in collusion with the Natural Law?
Gulshan Tanwar
(Expert) 07 January 2011
A person is born once but cannot die more than once; which law will prevail- Either Court's decree or the Natural Law?
Gulshan Tanwar
(Expert) 07 January 2011
Austin may be read in this regard.
Gulshan Tanwar
(Expert) 07 January 2011
There are three instances for death-
1. When the person renounces his religion; and adopts another religion or becomes Sadhu/ Fakir etc.
2. When the person is unheard for more than 7 years and the persons who are making searches for him must have taken all relevant measures to produce him or get his whereabouts and inspite of all these measures, the person is unheard for 7 years, then it tantamounts to Civil Death for the reason that the person cannot be found out despite measures taken for his search.
3. Death - either natural or unnatural (accidents, negligence etc.)
Gulshan Tanwar
(Expert) 07 January 2011
Police is searching for criminal and despite efforts the accused could not be traced for more than 7 years; will that amounts to death of the accused - Answer is simple big no ----
There have been many cases --- even about 2-3 years ago there had been a case where the accused appeared before the Court after a lapse of 21 years for witnessing himself as a witness and by chance the Judge who was also the Judge in earlier case recognised him and then the case was reopened afresh.
Amit Minocha
(Expert) 07 January 2011
Austin's theory is not admissible in the law. The law made such provision so as to help those unfortunate who are left behind without any traces of their loved ones. Aim their life can be made a bit better by transfer of their assets/ wealth to the survivors. If a person re-appears it will not be termed as birth but found / traced as earlier he was named as missing / untraced and not dead. The death is only assumed and not declared due to non return for a lawful purpose, otherwise the dependants/ left behind ones may be living worst than the so called dead-man.
