Section 83 IEA: Presumption as to maps or plans made by authority of Government

Indian Evidence Act, 1872

Section 83 IEA at a Glance

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

Section 83 IEA Bare Act Text

83. 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 83, Indian Evidence Act, 1872

Section 83 IEA in Simple Words

Section 83 of the Indian Evidence Act, 1872 tells a court how to treat government maps and plans produced as 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) its official origin and accuracy.

Under the Act, 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, so the party producing it does not have to prove its accuracy first.

Section 83 IEA sets a limit when a map or plan was prepared for a cause (a legal case or dispute). If a map or plan was made for a legal dispute, the court does not presume its accuracy, and the party relying on it must prove that the map or plan is accurate.

When Section 83 IEA Applies

  • Applies when a map or plan presented in court appears to be made under Central Government or State Government authority.
  • Requires the court to presume that the map or plan was made under that authority and is accurate.
  • Requires a party to prove the accuracy of any map or plan that was prepared for a legal dispute.

Example of Section 83 IEA

In 2021, Ramesh submits an official survey map appearing to be made under State Government authority during a land dispute in a court in Jaipur. The survey map is a standard government publication and was not prepared for the dispute. Under Section 83 IEA, the court must presume that a map appearing to be made under State Government authority was so made and is accurate. Consequently, the court in Jaipur accepts the survey map submitted by Ramesh as accurate without requiring separate proof.

When Section 83 IEA 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 83 IEA in the BSA

Section 83 IEA is now covered under Section 82 BSA.

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.

View detailed comparison (IEA 83 vs BSA 82) โ†’

FAQs on Section 83 IEA

What is Section 83 IEA?โ–ผ

Section 83 of the Indian Evidence Act, 1872 requires a court to presume that maps or plans appearing to be made under Central Government or State Government authority were made by that authority and are accurate. However, any map or plan prepared for a legal dispute must be proved to be accurate.

Does a court presume the accuracy of a map made for a specific court case under Section 83 IEA?โ–ผ

No. If a map or plan was prepared for the purpose of a legal cause, Section 83 IEA requires the party relying on it to prove that it is accurate.

Does Section 83 IEA cover maps made under State Government authority as well as Central Government authority?โ–ผ

Yes. The presumption under Section 83 IEA applies equally to maps and plans appearing to be made under Central Government authority or under the authority of any State Government.

What is Section 83 IEA in BSA?โ–ผ

Section 82 BSA replaced Section 83 IEA from 1 July 2024 without any change in wording. The rule on government maps and plans remains the same.

Have questions about Section 83 IEA?

Ask NyayGuru for a plain language explanation, or how it applies to your situation.

Ask NyayGuru โ†’

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

Sources: Bare Act Text, Indian Evidence Act, 1872 ยท