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Indian Evidence Law – Bharatiya Sakshya Adhiniyam 2023-Presumption as to Maps or Plans Made by the Authority of Government [Section 82]
Section 82 of the Bharatiya Sakshya Adhiniyam, 2023 lays down the rule relating to the presumption of accuracy of maps and plans prepared under governmental authority. Since such maps and plans are prepared by competent public authorities after due enquiry and technical verification, the law attaches a presumption in their favour.
Statutory Provision
Section 82 provides that:
Scope and Nature of Presumption
The presumption under Section 82 is confined strictly to the accuracy of the map or plan. It does not extend to proving collateral or incidental facts beyond what is depicted in the map itself. The rationale behind this provision is that such documents represent the outcome of systematic enquiries carried out by trained officials acting in their official capacity.
This section must be read in conjunction with Section 30, which declares the relevance of maps or plans made under the authority of the Government. Once relevance is established under Section 30, Section 82 enables the Court to presume their correctness without further proof.
Such maps or plans can also be proved through certified copies under Sections 76 and 78 of the Act.
Illustration
For example, the distance between Allahabad and Lucknow may be proved by:
Authority of Government and Distinction from Private Maps
For the presumption under Section 82 to apply, it is essential that the map or plan must have been prepared under the authority of the Government. A clear distinction is drawn between public maps and private maps:
Judicial Interpretation
In Ram Kishore Sen v. Union of India, the Supreme Court dealt with a situation where private transfer deeds described certain locations, but official government maps showed a different position. The Court held that greater evidentiary value must be attached to government-authorised maps, and recitals made by private individuals in documents could not override official records.
Conclusion
Section 82 of the Bharatiya Sakshya Adhiniyam, 2023 strengthens the evidentiary value of maps and plans prepared under governmental authority by attaching a presumption of accuracy to them. This provision promotes certainty, reliability, and judicial efficiency, while ensuring that officially prepared records prevail over private and unverified representations unless convincingly disproved.
Section 82 of the Bharatiya Sakshya Adhiniyam, 2023 lays down the rule relating to the presumption of accuracy of maps and plans prepared under governmental authority. Since such maps and plans are prepared by competent public authorities after due enquiry and technical verification, the law attaches a presumption in their favour.
Statutory Provision
Section 82 provides that:
- The Court shall presume that maps or plans purporting to be made by the authority of the Central Government or any State Government:
- Were duly made under such authority, and
- Are accurate.
Scope and Nature of Presumption
The presumption under Section 82 is confined strictly to the accuracy of the map or plan. It does not extend to proving collateral or incidental facts beyond what is depicted in the map itself. The rationale behind this provision is that such documents represent the outcome of systematic enquiries carried out by trained officials acting in their official capacity.
This section must be read in conjunction with Section 30, which declares the relevance of maps or plans made under the authority of the Government. Once relevance is established under Section 30, Section 82 enables the Court to presume their correctness without further proof.
Such maps or plans can also be proved through certified copies under Sections 76 and 78 of the Act.
Illustration
For example, the distance between Allahabad and Lucknow may be proved by:
- An official map issued or maintained by the Government, or
- A railway timetable published under governmental authority, or
- Even by the statement of a person who has travelled between the two places.
Authority of Government and Distinction from Private Maps
For the presumption under Section 82 to apply, it is essential that the map or plan must have been prepared under the authority of the Government. A clear distinction is drawn between public maps and private maps:
- Public maps: Prepared or published under governmental authority; presumed accurate under Section 82.
- Private maps: Prepared by individuals or private entities; no presumption of accuracy applies.
- Their accuracy is independently proved, and
- The person who prepared the map is examined as a witness to testify to its correctness.
Judicial Interpretation
In Ram Kishore Sen v. Union of India, the Supreme Court dealt with a situation where private transfer deeds described certain locations, but official government maps showed a different position. The Court held that greater evidentiary value must be attached to government-authorised maps, and recitals made by private individuals in documents could not override official records.
Conclusion
Section 82 of the Bharatiya Sakshya Adhiniyam, 2023 strengthens the evidentiary value of maps and plans prepared under governmental authority by attaching a presumption of accuracy to them. This provision promotes certainty, reliability, and judicial efficiency, while ensuring that officially prepared records prevail over private and unverified representations unless convincingly disproved.
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