Section 89 BSA: Presumption as to books, maps and charts

Bharatiya Sakshya Adhiniyam, 2023

Section 89 BSA at a Glance

Section 89 BSA deals with presumption as to books, maps and charts. It replaced Section 87 IEA on 1 July 2024.

Was IEA

Section 89 BSA Bare Act Text

89. Presumption as to books, maps and charts
The Court may presume that any book to which it may refer for information on matters of public or general interest, and that any published map or chart, the statements of which are relevant facts, and which is produced for its inspection, was written and published by the person, and at the time and place, by whom or at which it purports to have been written or published.

Source: Section 89, Bharatiya Sakshya Adhiniyam, 2023

Section 89 BSA in Simple Words

Section 89 of the Bharatiya Sakshya Adhiniyam, 2023 lets a court presume authorship and publication details for certain books and for published maps or charts. The Adhiniyam applies from 1 July 2024.

The provision covers any book that the court may consult for information about matters of public interest or general interest. It also covers a published map or a published chart whose statements are relevant facts (facts connected to the dispute that a party can prove under the Adhiniyam) when that map or chart is produced for inspection by the court.

Where Section 89 BSA applies, the court may presume that the book, map, or chart was written and brought out by the person named on it. The court may also presume that the item was written and brought out at the time and place stated on it.

When Section 89 BSA Applies

The court refers to a book for information about matters of public interest or general interest.
A published map or a published chart containing statements that are relevant facts is produced for inspection by the court.
The court may presume under Section 89 BSA that the book, map, or chart was written and brought out by the person, and at the time and place, indicated on it.

Example of Section 89 BSA

In October 2024, Priya produces a published drainage map for inspection by a civil court in Hyderabad during a land dispute. The statements on the map regarding water channels are relevant facts in the suit, and the map bears the name of a publisher along with a publication date and city. Under Section 89 BSA, Priya does not have to call the printer separately just to prove who brought out the map or where it was printed. Applying Section 89 BSA, the Hyderabad court may presume that the published map produced by Priya was written and brought out by the stated publisher at the time and place printed on the map.

Section 89 BSA in the IEA (Previous Law)

Section 89 BSA replaces Section 87 IEA from the old criminal code.

Section 87 of the Indian Evidence Act, 1872 became Section 89 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording.

View IEA Section 87 →Compare IEA 87 vs BSA 89 →

FAQs on Section 89 BSA

What is Section 89 BSA?▼

Section 89 of the Bharatiya Sakshya Adhiniyam, 2023 lets a court presume that a book referred to for information about matters of public or general interest, or a published map or chart containing relevant facts and produced for inspection, was written and brought out by the person and at the time and place stated on it.

Must a court presume the authorship and publication details under Section 89 BSA?▼

No. Section 89 BSA says that the court may presume those details, leaving the presumption to the discretion of the court.

When does Section 89 BSA apply to a published map or chart?▼

Section 89 BSA applies when the statements in the published map or chart are relevant facts and the document is produced for inspection by the court.

What is Section 89 BSA in IEA?▼

Section 87 IEA is the earlier provision that became Section 89 BSA on 1 July 2024 without any change in wording.

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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 ·