Section 36 Evidence Act: Relevancy of Statements in Maps, Charts and Plans
Section 36 of the Indian Evidence Act, 1872 dealt with the evidentiary relevance of information shown on certain published or government-authorised maps, charts and plans. The corresponding provision under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) is Section 30.
Section 30 of the Bharatiya Sakshya Adhiniyam, 2023
The provision, titled Relevancy of statements in maps, charts and plans, provides:
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.
Read the official text: Bharatiya Sakshya Adhiniyam, 2023 (India Code PDF).
Meaning and legal requirements
The rule concerns the relevancy of statements ordinarily represented on qualifying maps, charts or plans. It does not mean every map is automatically conclusive proof of the facts shown.
- Fact in issue or relevant fact: The mapped information must relate to a matter before the court.
- Qualifying source: It must appear in a published map or chart generally offered for public sale, or a map or plan made under Central or State Government authority.
- Ordinary subject matter: The statement must concern matters normally represented on that kind of map, chart or plan, such as roads, rivers, distances or geographical features.
- Assessment by the court: Relevance does not settle authenticity, accuracy, scale, date, or the weight the court should assign to the material.
Former Section 36 of the Indian Evidence Act, 1872
The earlier provision likewise treated statements of facts in issue or relevant facts in published maps or charts offered for public sale, or in maps or plans prepared under the authority of the Central or a State Government, as relevant facts where they concerned matters usually represented in such documents.
The historical text contained a substitution note: the Adaptation of Laws Order, 1948 replaced the earlier reference to government in British India with the Central Government or any State Government. This was a historical legislative update, not a separate evidentiary condition.
Examples of maps, charts and plans used in evidence
- Boundary disputes: An authorised survey map may help show the position of a road, watercourse or surveyed boundary, although title and legal boundaries may require other proof.
- Road accident litigation: A qualifying published road map may assist with the general road network; the exact accident scene may still require photographs, measurements and witnesses.
- Navigation disputes: A published nautical chart may help identify customary charted coastal features or channels.
- Land acquisition: Government-prepared plans may be relevant to the location and extent of an acquisition, alongside the notification and other official records.
Related rules on presumptions
Section 82 BSA: A court shall presume that maps or plans purporting to be made by authority of the Central or a State Government were so made and are accurate. However, maps or plans made for the purposes of a cause must be proved accurate. This is a distinct rule from Section 30.
Section 89 BSA: The court may presume certain matters concerning books, maps and charts, including the authorship and publication of qualifying material. A discretionary presumption is different from automatic acceptance of every statement as true.
Published maps compared with private sketches
| Material | Section 30 position |
|---|---|
| Map or chart published for general public sale | Statements about matters usually shown may be relevant. |
| Map or plan made under Central or State Government authority | Qualifying statements may be relevant; Section 82 may also apply. |
| Private sketch made for a particular dispute | Not automatically covered merely because it depicts a location; prove it under applicable evidence rules. |
| Online map screenshot | Assess source, publication status, authenticity and electronic-record requirements; online availability alone does not establish Section 30 conditions. |
Frequently asked questions
Is Section 36 of the Indian Evidence Act still applicable?
The Indian Evidence Act, 1872 has been replaced by the BSA with effect from 1 July 2024. The BSA contains saving provisions for certain pending proceedings. Section 30 is the corresponding current provision.
Are all maps admissible as evidence?
No. Section 30 specifically identifies published maps or charts generally offered for public sale and maps or plans made under government authority. Other maps may be proved under different applicable rules.
Does a government map conclusively establish land ownership?
No. Maps can be relevant to physical features or boundaries, but ownership and title depend on the governing substantive law and the full evidence.
Can digital maps be used in court?
Potentially, yes. The source and relevance of the map must be established, and applicable provisions governing electronic records and their proof must be considered.
Official legal references
- India Code: Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023)
- Bureau of Police Research and Development: New Criminal Laws
- National Crime Records Bureau: Corresponding sections of evidence laws
- Indian Evidence Act, 1872 - LawDadi guide
This article provides general legal information. Statutory interpretation and the evidentiary value of a particular map depend on the facts, procedural stage and applicable law.