Bharatiya Sakshya Adhiniyam, 2023
Section 82
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.
Why this exists
Government-issued maps (like survey maps, revenue records, or boundary maps) are used constantly in property disputes, boundary cases, and administrative matters. Requiring parties to prove the authenticity of every official map from scratch would be impractical and would slow down courts. This provision, carried forward from the Indian Evidence Act, 1872 (Section 83), allows courts to presume official maps are genuine and accurate, while protecting against manipulation by excluding maps made specifically for litigation from this presumption.
Common misconceptions
- Myth: Any map used in court is automatically trusted as accurate.
Fact: Only maps made by government authority get this automatic trust (presumption). Maps specially created for a lawsuit must be proved accurate through evidence. - Myth: This presumption means the map can never be challenged.
Fact: The presumption can be rebutted — a party can present evidence to show that even an official-looking map is inaccurate or wasn't actually made by government authority.