Code: Section 82 – 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.
Explanation of Section 82 BSA
Section 82 of the Bharatiya Sakshya Adhiniyam (BSA) provides a legal presumption concerning the authenticity and accuracy of certain types of maps and plans. It simplifies the evidentiary requirements in legal proceedings by establishing that:
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Any map or plan claiming to be made by or under the authority of the Central Government or a State Government is presumed to be both authentic and accurate.
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However, maps or plans created specifically for a legal proceeding (i.e., “for the purposes of any cause”) are not given this presumption. These must be independently verified and proved to be accurate by the party submitting them.
This section ensures the reliability of official government records while also preventing misuse of custom-made evidence in litigation.
Illustration
Example 1: Government Survey Map
A party submits a map of a district published by the Survey of India (a government body). Under Section 82, the court shall presume that the map was officially made and that it is accurate, without needing further proof.
Example 2: Privately Made Site Plan for a Property Dispute
In a civil case involving a property boundary, one party submits a hand-drawn plan created by a private engineer specifically for the case. This plan must be independently proven to be accurate, as Section 82 does not apply to it.
Common Questions and Answers on Section 82 BSA
1. What kind of maps or plans are covered under Section 82?
Maps or plans made by or under the authority of the Central or State Government. These include official land records, topographical maps, and municipal zoning plans.
2. What is the legal effect of this presumption?
The court assumes the maps or plans are both officially sanctioned and accurate unless proven otherwise. No additional evidence is required unless the presumption is challenged.
3. Are all maps presumed accurate under Section 82?
No. Only those made by or under the authority of the government are presumed accurate. Maps created privately or for a specific legal case must be verified through evidence.
4. Can the presumption be rebutted?
Yes. Although the court presumes such documents are accurate, the opposing party may bring evidence to the contrary.
5. How is this section useful in litigation?
It streamlines the use of official maps and plans in evidence by removing the need for formal proof, saving both time and resources in proceedings.
Conclusion
Section 82 of the Bharatiya Sakshya Adhiniyam ensures that official maps and plans from government authorities are accepted in court without the need for formal verification. This provision supports judicial efficiency while maintaining fairness by requiring private or case-specific maps to be proven separately.
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