Sections 36 and 37 of the Indian Evidence Act, 1872: Maps, Charts, Plans and Facts of Public Nature

Sections 36 and 37 of the Indian Evidence Act, 1872 form part of the rules governing relevancy of facts. Section 36 deals with statements appearing in specified maps, charts and plans. Section 37 deals with statements concerning facts of a public nature contained in specified legislation, Government notifications and Gazettes.

Historical legal position: This article explains the Indian Evidence Act, 1872 as applicable immediately before the Bharatiya Sakshya Adhiniyam, 2023 came into force on 1 July 2024. It is intended for matters in which the pre-commencement Evidence Act framework is relevant.

Section 36 - Relevancy of statements in maps, charts and plans

Statutory rule: Statements of facts in issue or relevant facts made in published maps or charts generally offered for public sale, or in maps or plans made under the authority of the Central Government or a State Government, are relevant facts when they concern matters usually represented or stated in such maps, charts or plans.

Section 36 therefore creates a specific rule of relevancy for geographical and similar representations. The provision does not make every map or plan relevant merely because it exists. Its requirements focus on the source or authority of the map, chart or plan, the nature of the statement represented, and whether the matter is one ordinarily shown in that kind of document.

Essential requirements of Section 36

The statement must concern a fact in issue or a relevant fact.
For a published map or chart, it must be one generally offered for public sale; alternatively, the map or plan may have been made under the authority of the Central Government or a State Government.
The statement must relate to a matter usually represented or stated in maps, charts or plans of that nature.
Once these statutory conditions are met, the statement is treated as a relevant fact. Relevancy and the weight ultimately given to the material are distinct questions.

Meaning of "fact in issue" and "relevant fact"

Under the Indian Evidence Act, a fact in issue is a fact from which, by itself or together with other facts, the existence, non-existence, nature or extent of a right, liability or disability asserted or denied in a proceeding necessarily follows. A relevant fact is a fact connected with another fact in one of the ways declared relevant by the Act.

Practical scope of Section 36

The section may become relevant where a court must consider a geographical location, boundary, route, physical feature or another matter ordinarily represented in a map, chart or plan. The statutory basis for relevancy should still be distinguished from questions such as authenticity, accuracy, interpretation and evidentiary weight in the circumstances of the particular case.

Section 37 - Relevancy of statements as to facts of public nature in certain Acts or notifications

Statutory rule: When a court has to form an opinion about the existence of a fact of a public nature, a statement of that fact contained in a recital in the classes of legislation specified by Section 37, or in a Government notification appearing in the Official Gazette and the other Gazettes specified by the provision, is a relevant fact.

The central requirement is that the court must be considering the existence of a fact of a public nature. The provision recognizes statements appearing in the specified legislative and official sources as relevant for that purpose.

What is a fact of a public nature?

The Act does not provide a separate exhaustive definition in Section 37. In context, the expression refers to a fact having a public, governmental or general character rather than a purely private fact concerning only particular individuals. Whether a fact falls within the provision depends on the issue before the court and the nature of the fact sought to be established.

Sources recognized by Section 37

The pre-Bharatiya Sakshya Adhiniyam text refers, among other specified sources, to recitals contained in Central Acts, Provincial Acts and State Acts and to Government notifications appearing in the Official Gazette. The section also contains historical references reflecting the constitutional and legislative history of the provision.

Difference between Sections 36 and 37

Section 36 is directed to factual statements in qualifying maps, charts and plans. Section 37 is directed to statements concerning facts of a public nature appearing in the specified Acts, notifications and Gazettes. Both provisions concern relevancy, but each applies to a different category of documentary source and has its own statutory conditions.

Important distinction: relevancy does not automatically determine evidentiary weight

A statement falling within Section 36 or Section 37 is relevant under the Act. That does not necessarily mean that it conclusively establishes the fact stated. A court may still have to consider the nature of the document, the circumstances in which it was made, its accuracy, other admissible evidence and the applicable rules governing proof.

Related provisions of the Indian Evidence Act, 1872

These provisions appear alongside other rules dealing with documentary statements and public records. For example, Sections 34 and 35 deal respectively with entries in books of account and entries in public records made in performance of duty. Sections 38 and 39 address statements of law in specified law books and the extent of a statement that must be proved when it forms part of a larger context.

Official text

For the authoritative bare Act text and amendments applicable to a particular date, consult the Indian Evidence Act, 1872 on the official India Code portal.

This page explains the law for general legal information and should be read with the statutory text and the law applicable to the relevant proceeding and date.