Section 87 IEA: Presumption as to books, maps and charts

Indian Evidence Act, 1872

Section 87 IEA at a Glance

Section 87 IEA deals with presumption as to books, maps and charts. From 1 July 2024 it is replaced by Section 89 BSA.

Section 87 IEA Bare Act Text

87. 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 87, Indian Evidence Act, 1872

Section 87 IEA in Simple Words

Section 87 of the Indian Evidence Act, 1872 lets a court presume basic authorship and publication details for certain books and for published maps or charts. Instead of requiring separate proof of who created or printed the item, the court may accept the details printed on it.

The rule covers specific kinds of material. It 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 when the statements in it are relevant facts (facts connected to the dispute that a party is allowed to prove under the Act) and the map or chart is produced for inspection by the court.

When Section 87 IEA applies, the court may presume that the book, map, or chart was written and brought out by the person named on it as author or publisher. The court may also presume that it was written and brought out at the time and place stated on the document.

When Section 87 IEA Applies

  • The court refers to a book for information about matters of public interest or general interest.
  • A party produces a published map or a published chart for inspection by the court, and the statements in that map or chart are relevant facts.
  • The court may presume that the book, map, or chart was written and brought out by the person, and at the time and place, stated on it.

Example of Section 87 IEA

In 2021, Farhan produces a published coastal navigation chart for court inspection during a property boundary dispute in Chennai. The statements shown on the chart about the shoreline are relevant facts in the dispute, and the chart states that a named cartographer published it in Chennai in 2015. Under Section 87 IEA, the court is not required to demand separate proof of who prepared or printed the chart. Applying Section 87 IEA, the Chennai court may presume that the published chart produced by Farhan was written and brought out by the named cartographer at the stated time and place.

Section 87 IEA in the BSA

Section 87 IEA is now covered under Section 89 BSA.

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 detailed comparison (IEA 87 vs BSA 89) โ†’

FAQs on Section 87 IEA

What is Section 87 IEA?โ–ผ

Section 87 of the Indian Evidence Act, 1872 allows a court to presume that a book referred to on 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.

Is the court required to make the presumption under Section 87 IEA?โ–ผ

No. Section 87 IEA provides that the court may presume the authorship, publisher, time, and place, so the presumption is permissive rather than mandatory.

Does Section 87 IEA apply to a published map or chart without producing it in court?โ–ผ

No. Under Section 87 IEA, a published map or chart must contain statements that are relevant facts and must be produced for inspection by the court.

What is Section 87 IEA in BSA?โ–ผ

Section 89 BSA replaced Section 87 IEA 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, Indian Evidence Act, 1872 ยท