Section 30 BSA 2023: Relevancy of Statements in Maps, Charts and Plans
Section 30 of the Bharatiya Sakshya Adhiniyam, 2023 deals with when statements appearing in certain maps, charts and plans become relevant facts in judicial proceedings.
Text of Section 30
30. Relevancy of statements in maps, charts and plans. 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 any State Government, as to matters usually represented or stated in such maps, charts or plans, are themselves relevant facts.
What Section 30 means
Section 30 creates a rule of relevancy for statements contained in specified maps, charts and plans. If the statement concerns a fact in issue or another relevant fact, it may itself be treated as a relevant fact when it appears in either of the following categories:
- Published maps or charts generally offered for public sale: the map or chart must be of a kind made available to the public and the statement must concern a matter usually represented in that type of map or chart.
- Maps or plans made under Government authority: the map or plan may be made under the authority of the Central Government or a State Government.
The provision concerns relevancy. Under Section 2 of the BSA, a fact is relevant to another fact when it is connected with that fact in one of the ways recognised by the Adhiniyam. Relevancy does not automatically mean that every statement in a map or plan is conclusive proof of the matter stated.
Conditions for applying Section 30
For a statement in a map, chart or plan to fall within Section 30, the following points are important:
- The statement must relate to a fact in issue or a relevant fact.
- The source must be a published map or chart generally offered for public sale, or a map or plan made under Central or State Government authority.
- The statement must concern a matter that is ordinarily represented or stated in that type of map, chart or plan.
Section 30 and Government maps or plans
Section 30 should also be read with Section 82 of the Bharatiya Sakshya Adhiniyam, 2023. Section 82 provides that the Court shall presume that maps or plans purporting to be made by the authority of the Central Government or a State Government were so made and are accurate. However, a map or plan made for the purposes of a particular cause must be proved to be accurate.
Practical point: Section 30 determines when qualifying statements in maps, charts and plans are relevant. Section 82 separately deals with a statutory presumption concerning certain Government maps and plans. The two provisions therefore perform related but different evidentiary functions.
Examples of matters that may commonly appear in maps, charts or plans
Depending on the facts of a case, maps, charts or plans may contain statements concerning geographical position, boundaries, roads, rivers, public places, survey features, routes, distances or other matters normally shown in such documents. Whether a particular statement is legally relevant still depends on the issue before the Court and the requirements of the BSA.
Bharatiya Sakshya Adhiniyam, 2023 and commencement
The Bharatiya Sakshya Adhiniyam, 2023 is Act 47 of 2023. The Central Government appointed 1 July 2024 as the date on which the provisions of the Adhiniyam came into force. Section 30 forms part of Chapter II dealing with relevancy of facts, under the group of provisions relating to statements made under special circumstances.
Related BSA provisions
| Provision | Subject |
|---|---|
| Section 28 | Entries in books of account when relevant |
| Section 29 | Relevancy of entry in public record or electronic record made in performance of duty |
| Section 30 | Relevancy of statements in maps, charts and plans |
| Section 31 | Relevancy of statement as to fact of public nature contained in certain Acts or notifications |
| Section 82 | Presumption as to maps or plans made by authority of Government |
| Section 89 | Presumption as to books, maps and charts |
Key takeaway
Section 30 BSA permits qualifying statements in published maps, charts and Government-authorised maps or plans to be treated as relevant facts when they concern matters ordinarily represented in those documents. The Court must still apply the other provisions of the BSA concerning proof, presumptions and admissibility to the facts of the particular proceeding.