Section 36 IEA: Relevancy of statements in maps, charts and plans

Indian Evidence Act, 1872

Section 36 IEA at a Glance

Section 36 IEA deals with relevancy of statements in maps, charts and plans. From 1 July 2024 it is replaced by Section 30 BSA.

Section 36 IEA Bare Act Text

36. 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.

Source: Section 36, Indian Evidence Act, 1872

Section 36 IEA in Simple Words

Section 36 of the Indian Evidence Act, 1872 makes statements in qualifying maps, charts, and plans relevant facts in court. A party can rely on these documents when they state a fact in issue or a relevant fact.

The rule covers published maps or charts that are offered for sale to the public at large. It also covers maps or plans prepared with the authority of the Central Government or a State Government.

The statement must concern matters that are ordinarily shown or recorded in those plans, charts, or maps. When these conditions are met, the statement itself is a relevant fact under the Act.

When Section 36 IEA Applies

  • The map, chart, or plan contains a statement about a fact in issue or a relevant fact.
  • The statement is in a published map or chart that is offered for sale to the public.
  • Alternatively, the statement is in a map or plan prepared with the authority of the Central Government or a State Government.
  • The statement relates to matters that are ordinarily shown or recorded in those plans, charts, or maps.

Example of Section 36 IEA

In 2021, a road plan prepared with the authority of the State Government of Madhya Pradesh shows the alignment of a public road in Bhopal. Ramesh and Priya dispute in a Bhopal court whether that public road passes between the adjoining plots. Ramesh produces the State Government road plan to show the road alignment. Because road alignment is a matter ordinarily shown in such plans and the plan was prepared under State Government authority, the statement in the road plan is a relevant fact under Section 36 IEA.

Section 36 IEA in the BSA

Section 36 IEA is now covered under Section 30 BSA.

Section 36 of the Indian Evidence Act, 1872 became Section 30 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording.

View detailed comparison (IEA 36 vs BSA 30) โ†’

FAQs on Section 36 IEA

What is Section 36 IEA?โ–ผ

Section 36 of the Indian Evidence Act, 1872 makes statements of a fact in issue or a relevant fact in qualifying maps, charts, or plans relevant facts. It covers published maps or charts offered for sale to the public, as well as maps or plans prepared with Central Government or State Government authority, on matters ordinarily shown in them.

Does a published map have to be prepared by the government to be relevant under Section 36 IEA?โ–ผ

No. Published maps or charts that are offered for sale to the public at large are covered even without government authority, as long as the statement concerns matters ordinarily shown in those maps or charts.

Are maps or plans prepared under State Government authority covered by Section 36 IEA?โ–ผ

Yes. Maps or plans prepared with the authority of either the Central Government or a State Government are covered when they state a fact in issue or a relevant fact about matters ordinarily shown in them.

What is Section 36 IEA in BSA?โ–ผ

Section 30 BSA. It replaced Section 36 IEA 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, Indian Evidence Act, 1872 ยท