Section 89 BSA 2023: Presumption as to Books, Maps and Charts
Section 89 of the Bharatiya Sakshya Adhiniyam, 2023 deals with a discretionary presumption that a Court may draw regarding certain books dealing with matters of public or general interest and published maps or charts whose statements are relevant facts.
Law in force: The Bharatiya Sakshya Adhiniyam, 2023 is Act No. 47 of 2023 and came into force on July 1, 2024. Section 89 forms part of the statutory presumptions relating to documents and records.
Text of Section 89 - Presumption as to books, maps and charts
89. 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.
Meaning and scope of Section 89
The expression "may presume" gives the Court a discretion. It permits, but does not compel, the Court to presume the apparent authorship, time and place of publication of a qualifying book, map or chart. The presumption operates when the material is of the kind described in Section 89 and is produced for the Court's inspection.
The provision is concerned with the apparent provenance of the book, map or chart. It does not automatically make every statement contained in the material conclusive. The statements must independently be relevant under the Bharatiya Sakshya Adhiniyam, 2023.
What Section 89 covers
- Books on matters of public or general interest: A book which the Court may refer to for information on a matter of public or general interest.
- Published maps or charts: A published map or chart whose statements are relevant facts and which is produced for the Court's inspection.
- Authorship and publication details: The Court may presume that the material was written and published by the person, and at the time and place, that it purports to have been written or published.
- Discretionary presumption: The wording is "may presume", so the Court retains discretion in the circumstances of the case.
Related provisions of the Bharatiya Sakshya Adhiniyam, 2023
Section 89 should be read with other provisions dealing with relevancy and presumptions concerning maps, plans, official publications and documentary material. In particular, Section 30 deals with the relevancy of statements in maps, charts and plans, while Sections 80 to 93 contain a series of statutory presumptions concerning specified documents and electronic records.
Section 30 - Relevancy of statements in maps, charts and plans
Section 30 makes statements of facts in issue or relevant facts contained in certain published maps or charts, and in maps or plans made under the authority of the Central Government or a State Government, relevant when they concern matters usually represented or stated in such materials.
Practical effect
Where Section 89 applies, the party relying on the material may receive the benefit of the statutory presumption as to the apparent writer or publisher and the stated time and place of publication. The opposing party may still contest the evidentiary weight, relevance or reliability of the material in accordance with the Act and the facts of the case.
Official source
For the authoritative text of the Bharatiya Sakshya Adhiniyam, 2023, refer to India Code, the official legislative database of the Government of India.