Presumptions as to documentsCentral

Section 82 of The Bharatiya Sakshya Adhiniyam, 2023

The Court shall presume that maps or plans purporting to be made by the authority of the Central Government or any State Government were so made, and are accurate; but maps or plans made for the purposes of any cause must be proved to be accurate.

Summary

This provision establishes a mandatory presumption about maps or plans made under government authority.
It requires the Court to presume that maps or plans claiming to be made by the Central Government or any State Government were actually made by them.
It also requires the Court to presume that these government-authorized maps or plans are accurate.
It makes an exception for any maps or plans made for the purpose of a specific legal cause, meaning a court case, which must be proved accurate.

Practical examples

1In a land boundary dispute, Suresh presents a map published by the Survey of India, which is a Central Government authority. The court automatically presumes under the law that the map was properly made by the government and that its measurements are accurate.

2Ramesh draws a map of his property with the help of a private surveyor to show how his neighbor encroached on his land, intending to use this map in his lawsuit. Because this map was made specifically for this legal cause, the court does not presume it is accurate. Ramesh must prove its accuracy in court.

FAQ

1. Does the court assume government maps are accurate under Section 82 of The Bharatiya Sakshya Adhiniyam, 2023?

Yes, under Section 82 of The Bharatiya Sakshya Adhiniyam, 2023, the Court shall presume that maps or plans purporting to be made by the authority of the Central Government or any State Government were so made and are accurate.

2. What maps do not get a presumption of accuracy under Section 82 of the Bharatiya Sakshya Act?

Under Section 82 of the Bharatiya Sakshya Act, any maps or plans made for the purposes of any cause do not get this presumption and must be proved to be accurate.

3. What does the term "shall presume" mean for government maps under the Bharatiya Sakshya evidence rules?

Under the Bharatiya Sakshya evidence rules, "shall presume" means the court must regard the map's creation and accuracy as proved unless and until it is disproved by evidence.

Test yourself

Q1.Under Section 82 of The Bharatiya Sakshya Adhiniyam, 2023, which maps or plans are presumed by the Court to be accurate and duly made?

Q2.Under Section 82 of The Bharatiya Sakshya Adhiniyam, 2023, what is the rule for maps or plans made specifically for the purposes of a legal cause?

Q3.How do the presumptions in Section 82 and Section 83 of The Bharatiya Sakshya Adhiniyam, 2023 compare regarding their mandatory nature?

Q4.Under Section 82 of The Bharatiya Sakshya Adhiniyam, 2023, if a map is produced in court that purports to be made by the authority of a State Government, what two things must the court presume?

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