Section 89 of The Bharatiya Sakshya Adhiniyam, 2023
The Court may presume that any book to which it may refer for information on matters of public or general interest, and that any published map or chart, the statements of which are relevant facts, and which is produced for its inspection, was written and published by the person, and at the time and place, by whom or at which it purports to have been written or published.
Summary
- Under Section 89 of the Bharatiya Sakshya Adhiniyam, 2023, the court has the choice to assume that any book referred to for information on public or general interest was written and published by the person named on it.
- This discretionary presumption also applies to published maps or charts whose statements are relevant facts.
- The court may also assume that these books, maps, or charts were published at the exact time and place stated in them.
- Since this is a "may presume" rule, the court is not forced to accept these details and can choose to ask for proof instead.
- This provision helps the court avoid unnecessary delay in proving the authenticity of standard published works when there is no genuine dispute.
Practical examples
FAQ
1. Does the court have to assume that a published chart is accurate under Section 89 of the Bharatiya Sakshya Adhiniyam, 2023?
No, Section 89 of the Bharatiya Sakshya Adhiniyam, 2023, says the court "may presume", meaning the court has the discretion to accept the author, time, and place of publication as printed or to demand proof.
2. What kind of books are covered under the presumption of Section 89 of the Bharatiya Sakshya Adhiniyam, 2023?
Section 89 of the Bharatiya Sakshya Adhiniyam, 2023, covers any book that the court refers to for information on matters of public or general interest.
3. Does Section 89 of the Bharatiya Sakshya Adhiniyam, 2023, assume that the information inside a book is 100 percent true?
No, Section 89 of the Bharatiya Sakshya Adhiniyam, 2023, only allows the court to presume who wrote and published the book, and when and where it was published, not that every claim inside it is true.
4. Can the court refuse to apply the presumption to a map under Section 89 of the Bharatiya Sakshya Adhiniyam, 2023?
Yes, because it is a "may presume" section, the court can exercise its discretion to refuse the presumption and require the party to prove who made the map and when.
Test yourself
Q1.Under Section 89 of the Bharatiya Sakshya Adhiniyam, 2023, what is the court's power regarding a published map produced for its inspection?
Q2.Since Section 89 of the Bharatiya Sakshya Adhiniyam, 2023, is a "may presume" provision, what can the court do when a book of public interest is presented?
Q3.Under Section 89 of the Bharatiya Sakshya Adhiniyam, 2023, what details about a book of public or general interest can the court presume?
Q4.How does the court's authority under Section 89 of the Bharatiya Sakshya Adhiniyam, 2023, compare to its authority under Section 85 of the same Act?