Bharatiya Sakshya Adhiniyam, 2023 - Presumptions as to documents

Section 82 BSA 2023: Presumption as to Maps or Plans Made by Authority of Government

Section 82 of the Bharatiya Sakshya Adhiniyam, 2023 deals with the evidentiary presumption attached to maps or plans that purport to have been made by the authority of the Central Government or a State Government. The provision also contains an important exception for maps or plans prepared specifically for a particular cause.

What Section 82 Means

Section 82 creates a statutory presumption in favour of certain Government maps and plans. Where a map or plan purports to have been made under the authority of the Central Government or a State Government, the Court is required to presume that it was so made and that it is accurate, unless the presumption is displaced in accordance with law.

The expression "shall presume" is defined in Section 2(1)(l) of the Bharatiya Sakshya Adhiniyam, 2023. Where the Adhiniyam directs that a Court shall presume a fact, the Court must regard that fact as proved unless and until it is disproved.

Exception: Maps or Plans Made for a Particular Cause

The statutory presumption does not automatically establish the accuracy of a map or plan prepared for the purposes of a particular cause or proceeding. Such a map or plan must be independently proved to be accurate. This qualification helps distinguish ordinarily authoritative Government cartographic material from material created specifically for litigation or another particular cause.

Key Legal Points

• The provision applies to maps or plans purporting to be made by authority of the Central Government or a State Government.
• The Court shall presume that such maps or plans were made under the stated Government authority.
• The Court shall also presume their accuracy, subject to the statutory nature of a rebuttable presumption.
• A map or plan made for the purposes of a particular cause does not receive the same automatic presumption of accuracy.
• The accuracy of a cause-specific map or plan must be proved by evidence.

Why the Provision Matters

Maps and plans may be relevant in disputes concerning location, boundaries, public works, roads, geographical features or other spatial facts. Section 82 reduces the need for formal proof of qualifying Government maps and plans by attaching a statutory presumption to their origin and accuracy. At the same time, the proviso-like qualification ensures that a document prepared for a particular dispute is not treated as accurate merely because it takes the form of a map or plan.

Section 82 and Section 89 BSA

Section 82 specifically addresses maps or plans made by authority of the Central Government or a State Government. Section 89 separately deals with the presumption as to certain books, maps and charts. The applicability of a particular presumption depends on the nature and source of the document relied upon.

Official References

For the authoritative text and current statutory reference, see the Bharatiya Sakshya Adhiniyam, 2023 on India Code and the Ministry of Home Affairs - New Criminal Laws.

Last reviewed: 13 September 2026.