Bharatiya Sakshya Adhiniyam, 2023
Section 30
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.
Why this exists
Courts often need to establish facts like the location of a boundary, a village, a river, or a distance between two points. Requiring a live witness (like a surveyor or cartographer) to prove every such fact would be impractical, especially for old maps or widely used government records. This provision, inherited from Section 36 of the old Indian Evidence Act, 1872, allows commonly trusted and publicly available maps and official government-authorized maps/plans to speak for themselves on matters they are meant to show, easing the burden of proof for routine geographical or spatial facts.
How courts read it
Under the predecessor provision (Section 36 of the Evidence Act, 1872), courts have held that only matters 'usually represented' in such maps are relevant — for instance, a survey map can show boundaries or distances, but not disputed facts like ownership or possession, which require separate proof. Courts have also emphasized that the map or plan must fall within the specified categories (either commercially published maps or ones made under government authority) for this presumption of relevance to apply; privately made or unofficial sketches don't qualify.
Common misconceptions
- Myth: Any map or sketch can be used as automatic proof in court.
Fact: Only maps generally sold to the public, or maps/plans made under government authority, get this special treatment — a private or unofficial sketch does not qualify. - Myth: This provision proves who owns the land shown on a map.
Fact: Courts have clarified that this only makes clear the facts a map 'usually' shows, like boundaries or distances — not ownership or possession, which need separate proof.