Bharatiya Sakshya Adhiniyam, 2023
Section 89
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.
Why this exists
Courts often need to rely on standard reference works — atlases, gazetteers, historical books, or official maps — to understand facts of general knowledge. Requiring a party to formally prove who wrote every such book or when every map was made would be impractical and would slow down trials for information that is not really in dispute. This provision, carried forward from Section 87 of the old Indian Evidence Act, 1872, lets courts treat such publications as reliable on their face, while still allowing a party to challenge this if there is real doubt about authenticity.
How courts read it
Under the earlier, identically worded Section 87 of the Evidence Act, 1872, Indian courts consistently treated this as a rebuttable presumption, not conclusive proof. Courts have used it to accept standard historical texts, gazetteers, and government-published maps as evidence of general facts (such as boundaries or historical events) without formal proof of authorship, while making clear that if a party seriously disputes the authenticity of the book or map, the presumption can be displaced by contrary evidence.
Common misconceptions
- Myth: Once a court presumes a book or map is genuine under this law, that's the final word — no one can question it further.
Fact: The presumption is rebuttable. If a party presents credible evidence that the book or map is forged, altered, or wrongly attributed, the court can decide against relying on it. - Myth: This law lets courts accept the truth of everything written in the book or map.
Fact: The presumption only covers who wrote/published it and when/where — not that every fact stated inside is automatically true. The content's accuracy can still be examined separately.