Bombay High Court Presumes Man Missing Since 2003 Dead, Overturns Trial Court Rejection

Mumbai, 3rd February 2026: The Bombay High Court has declared a man who has been missing since April 2003 as legally presumed dead, setting aside a trial court order that had earlier rejected the family’s plea despite substantial supporting evidence.

Justice Jitendra Jain ruled that petitioner Vishwesh Dogra Suvarna had produced adequate documentary and circumstantial material to establish that his father, Dogra Venkappa Suvarna, had not been heard from for more than 20 years.

High Court Finds Trial Court Overlooked Evidence

The trial court had dismissed the petition in 2015, citing the absence of medical proof of memory loss and lack of clarity regarding other potential legal heirs. However, the High Court observed that multiple credible and official records placed before the lower court had not been properly considered.

These included:
-A formal police complaint about the disappearance
-A police certificate confirming the man had been missing since April 8, 2003
-Ration card and birth certificate records
-Passport details
-Newspaper advertisements issued by the family seeking information about his whereabouts

Justice Jain noted that such official documents carried evidentiary value and should have been relied upon during judicial assessment.

Long Absence Established Beyond Doubt-
The High Court also referred to a November 2011 police certificate stating that the missing person remained untraceable even after seven years of investigation. Additionally, public notices published in Marathi and Kannada newspapers supported the family’s consistent efforts to locate him, with no information surfacing over the years.

The bench clarified that the lack of medical evidence suggesting memory loss was not a sufficient reason to reject the claim when prolonged and unexplained disappearance had otherwise been demonstrated.

Citing Section 111 of the Bharatiya Sakshya Adhiniyam, 2023, the court reiterated that when a person has not been heard from for seven years by those who would naturally have received communication, the law allows a presumption that the person is dead.

Finding no evidence to indicate that Dogra Venkappa Suvarna was alive, the High Court concluded that the trial court’s refusal to grant relief was unjustified and formally declared him presumed dead in the eyes of the law.