Section 82 BSA: Presumption as to maps or plans made by authority of Government

Bharatiya Sakshya Adhiniyam, 2023

Section 82 BSA at a Glance

Section 82 BSA deals with presumption as to maps or plans made by authority of Government. It replaced Section 83 IEA on 1 July 2024.

Was IEA

Section 83 →

Section 82 BSA Bare Act Text

82. Presumption as to maps or plans made by authority of Government

The Court shall presume that maps or plans purporting to be made by the authority of the Central Government or any State Government were so made, and are accurate; but maps or plans made for the purposes of any cause must be proved to be accurate.

Source: Section 82, Bharatiya Sakshya Adhiniyam, 2023

Section 82 BSA in Simple Words

Section 82 of the Bharatiya Sakshya Adhiniyam, 2023 governs how a court treats official maps and plans presented in evidence. When a map or plan appears on its face to be made under Central Government or State Government authority, the court must presume (accept as true) both its origin and its accuracy.

Under the Adhiniyam, the court must presume that the map or plan was actually made under that government authority. The court must also presume that the map or plan is accurate, without requiring the party producing it to prove accuracy first.

Section 82 BSA states a limit for any map or plan prepared for a cause (a legal case or dispute). When a map or plan is made for a specific case, the presumption of accuracy does not apply, and the party relying on the document must prove that it is accurate.

When Section 82 BSA Applies

  • Applies when a map or plan produced in court appears to be made under Central Government or State Government authority.
  • Directs the court that it must presume the map or plan was made under that government authority and is accurate.
  • Requires proof of accuracy when a map or plan was prepared for the purpose of a legal case.

Example of Section 82 BSA

In September 2024, Priya produces a site plan in a court in Chennai that a state department drew specifically for an ongoing road acquisition case. Priya asks the court to presume that the site plan is accurate because a state department prepared it. Under Section 82 BSA, maps or plans prepared for a legal dispute are not presumed accurate and have to be proved. The court in Chennai therefore requires Priya to prove the accuracy of the site plan through evidence.

When Section 82 BSA Does Not Apply

  • The presumption of accuracy does not cover a map or plan prepared for a legal dispute; its accuracy has to be proved.

Section 82 BSA in the IEA (Previous Law)

Section 82 BSA replaces Section 83 IEA from the old criminal code.

Section 83 of the Indian Evidence Act, 1872 became Section 82 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording.

FAQs on Section 82 BSA

What is Section 82 BSA?▼

Section 82 of the Bharatiya Sakshya Adhiniyam, 2023 requires a court to presume that maps or plans appearing to be made under Central Government or State Government authority were so made and are accurate. Maps or plans prepared for a legal dispute must still be proved to be accurate.

Must a party prove the accuracy of a map prepared for a court dispute under Section 82 BSA?▼

Yes. When a map or plan is made for the purpose of a legal cause, Section 82 BSA requires its accuracy to be proved instead of presumed.

Does Section 82 BSA apply to maps made by both Central and State Governments?▼

Yes. Section 82 BSA covers maps and plans that appear to be made under the authority of either the Central Government or any State Government.

What is Section 82 BSA in IEA?▼

Section 83 IEA was the earlier provision before 1 July 2024. Section 82 BSA kept the exact same wording and rule.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·