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​Indian Evidence Law – Bharatiya Sakshya Adhiniyam, 2023Presumption as to Books, Maps, and Charts-[Section 89]

Section 89 of the Bharatiya Sakshya Adhiniyam, 2023 lays down the rule regarding presumptions connected with books, maps, and charts that are produced before the Court. This provision recognises the practical necessity of relying on published materials dealing with matters of public or general interest.

Statutory Provision
Under Section 89, the Court may presume that:
  • Any book referred to by the Court for information on matters of public or general interest, and
  • Any published map or chart, the statements of which are relevant facts and which is produced for the Court’s inspection,
was written or published by the person, and at the time and place, by whom or at which it purports to have been written or published.

Nature of the Presumption
  • The presumption under this section is discretionary, as indicated by the expression “may presume”.
  • The Court is not bound to draw this presumption and may refuse to do so if circumstances raise doubt about the authenticity of the material.
  • The presumption relates only to authorship, publication, time, and place, and not to the correctness or truth of the contents.

Relationship with Other Provisions
Section 89 must be read along with:
  • Section 30, which deals with the relevancy of books, maps, and charts relating to matters of public or general interest; and
  • Section 82, which specifically provides that the Court shall presume the accuracy of maps or plans made under the authority of the Government.
Unlike Section 82, Section 89 does not raise any presumption regarding accuracy. It merely assists the Court in assuming that the document is what it claims to be, without certifying that its contents are factually correct.

Scope and Rationale
The provision is based on convenience and judicial efficiency. Requiring strict proof of authorship and publication details for every book, map, or chart would be impractical, especially when such materials are widely accepted and used for reference on public matters. At the same time, by making the presumption discretionary, the law ensures that doubtful or suspicious documents are not blindly relied upon.

Conclusion
Section 89 of the Bharatiya Sakshya Adhiniyam, 2023 enables courts to rely on books, maps, and charts of public or general interest by presuming their authorship and publication details. However, this presumption is not mandatory and does not extend to the accuracy of the contents, thereby maintaining a careful balance between judicial convenience and evidentiary caution.
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