What is the significance of Section 108 of the Evidence Act 1950 for MH370 victims?

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Section 108 of the Evidence Act 1950 Provides a Legal Framework for Presuming Death and Facilitating Claims for MH370 Victims' Families

For the families of those lost on MH370, Section 108 of the Evidence Act 1950 offers a crucial legal pathway to have their loved ones declared legally dead, even without the usual seven-year waiting period. This presumption of death is vital for enabling beneficiaries to claim insurance policies, access property, and manage other assets belonging to the deceased. Without such a declaration, the process of settling estates and accessing financial entitlements would be significantly delayed, creating further hardship for the bereaved.
Legal Presumption of Death Without a Seven-Year Wait

Section 108 of the Evidence Act 1950 generally stipulates that a person can be presumed dead if they have not been seen or heard from for seven consecutive years. However, in circumstances like the MH370 incident, where evidence strongly indicates that the passengers perished together in a crash, this seven-year waiting period is rendered unnecessary. This provision allows for a more immediate legal recognition of death, acknowledging the catastrophic nature of the event and the high probability of loss of life.
Facilitating Claims for Insurance and Assets

Should the National Registration Department (NRD) not issue death certificates, family members of MH370 victims are empowered to seek a court order declaring their loved ones deceased. This court order, obtained through an application in the Civil High Court under Section 108, serves as a legally binding document. It is this order, rather than a death certificate, that family members can then use to initiate claims for insurance payouts, manage inherited property, and settle other financial matters pertaining to the deceased.
Court Orders as a Valid Alternative to Death Certificates

The court's role is to issue an order presuming a person dead, even if the standard seven-year period has not elapsed, particularly following an official declaration of death. This judicial declaration is valid and enforceable, providing the necessary legal standing for families to proceed with estate administration. While the NRD has specific conditions for issuing death certificates, the court's order under Section 108 provides a robust alternative, ensuring that legal finality can be achieved.

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What is the significance of Section 108 of the Evidence Act 1950 for MH370 victims?

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