Sections 82 and 83 of the Indian Evidence Act 1872: Presumptions for Certain Documents, Maps and Plans
Sections 82 and 83 form part of the statutory rules on presumptions relating to documents under the Indian Evidence Act, 1872. This article explains the legal position applicable before the Bharatiya Sakshya Adhiniyam, 2023 came into force.
Meaning of "shall presume"
Under the Evidence Act, where the Court "shall presume" a fact, the Court is required to regard that fact as proved unless and until it is disproved. Sections 82 and 83 therefore create statutory presumptions, subject to the terms and limits stated in those provisions.
Section 82 - Presumption as to document admissible in England without proof of seal or signature
Section 82 deals with a document produced before a Court which purports to be of a kind that, under the law then in force in England or Ireland, would be admissible there without separately proving the seal, stamp, authenticating signature, or the judicial or official character of the person signing it.
The effect of the section is that the Indian Court shall presume the relevant seal, stamp or signature to be genuine and shall presume that the signatory held the judicial or official character claimed at the time of signing. The document is then admissible for the same purpose for which it would be admissible in England or Ireland.
Essential requirements of Section 82
- A document must be produced before a Court.
- It must purport to be a document falling within the class described by Section 82.
- Under the law then in force in England or Ireland, the document must be admissible for the relevant purpose without proof of the specified authentication or official character.
- When these conditions are met, the statutory presumption concerns genuineness of the seal, stamp or signature and the claimed judicial or official character.
The provision reduces the need for formal proof of specified authentication where the statutory conditions are satisfied. It does not mean that every foreign document automatically proves every fact stated in it; its operation remains tied to the purpose and conditions specified in Section 82.
Section 83 - Presumption as to maps or plans made by authority of Government
Section 83 provides a presumption concerning maps or plans that purport to have been made by the authority of the Central Government or a State Government.
The Court shall presume that such Government maps or plans were made by the stated authority and are accurate. The section expressly creates an exception for maps or plans made for the purposes of a particular cause: their accuracy must be proved.
Government maps and litigation-specific maps
The distinction is important. A qualifying Government map or plan receives the statutory presumption described by Section 83. A map or plan prepared for the purposes of the particular case does not receive the same presumption as to accuracy merely because it is produced in Court; its accuracy must be established by evidence.
Difference between Sections 82 and 83
Section 82 concerns specified documents whose admissibility in England or Ireland does not require proof of certain seals, stamps, signatures or official character. Section 83 concerns maps and plans purporting to have been made by Government authority. Both provisions use statutory presumptions to simplify formal proof, but they operate on different classes of documentary material and contain different conditions.
Legal text and source
The authoritative statutory wording should be checked in the official text of the Indian Evidence Act, 1872. View the Indian Evidence Act, 1872 on India Code.
This article is a general legal information resource on the pre-Bharatiya Sakshya Adhiniyam evidence law. Application of a presumption depends on the facts, the document produced and the governing procedural context.