Indian Evidence Law | Updated 20 October 2026

Section 83 Evidence Act: Presumption as to Government Maps and Plans

Section 83 of the Indian Evidence Act, 1872 dealt with the evidentiary presumption relating to maps and plans prepared under government authority. The corresponding provision now appears in Section 82 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA).

Current law: The Bharatiya Sakshya Adhiniyam, 2023 came into force on 1 July 2024. Its Section 82 continues the rule concerning government maps and plans. For proceedings covered by the saving provisions, the former Indian Evidence Act may remain relevant.

Section 82 of the Bharatiya Sakshya Adhiniyam, 2023

Heading: 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.

Read the official Bharatiya Sakshya Adhiniyam, 2023 (India Code PDF) for the enacted text and related provisions.

Section 83 of the Indian Evidence Act, 1872

Heading: Presumption as to maps or plans made by authority of Government.

The former Section 83 provided that a court shall presume maps or plans appearing to have been made under the authority of the Central Government or a State Government were so made and accurate. However, maps or plans prepared for the purposes of a particular case had to be proved accurate.

The historical statutory wording was amended over time to refer expressly to the Central Government or any State Government. The original page noted amendments through the Adaptation Orders of 1937, 1948 and 1950 and Act 40 of 1949.

Meaning and scope of the legal presumption

What does "shall presume" mean?

Under the evidence-law definition, when a court is directed to "shall presume" a fact, it must regard that fact as proved unless and until it is disproved. The presumption is therefore rebuttable, rather than conclusive.

Which maps and plans qualify?

The rule concerns maps or plans that purport to have been made by the authority of the Central Government or a State Government. The court may presume both the claimed governmental origin and accuracy, subject to evidence rebutting the presumption.

Exception for litigation-specific maps

A map or plan prepared for the purposes of a particular lawsuit or other cause does not automatically receive the same presumption of accuracy. Its accuracy must be established through appropriate evidence, which may include testimony from its preparer, underlying survey records or other reliable material.

Practical application

Government survey map: A map purporting to have been issued under competent government authority may attract the statutory presumption, subject to challenge.
Private sketch filed in a property dispute: A party cannot rely on this provision alone to establish that the sketch is accurate.
Map prepared for a pending case: Even where official personnel prepare it, the statutory exception requires proof of accuracy when it was made for the purposes of that cause.

The presumption does not, by itself, conclusively determine ownership, boundaries or title. Those questions depend on the issues and the full evidence before the court.

Section 30, BSA: Addresses the relevancy of statements in maps, charts and plans, including government-authorised maps. Relevancy and a presumption of accuracy are distinct evidentiary questions.

Section 2, BSA: Contains interpretative definitions, including the meaning of "shall presume".

Section 170, BSA: Repeals the Indian Evidence Act, 1872, while preserving the operation of the former Act for certain proceedings pending immediately before commencement, as specified in the saving provision.

Official legislation and further reading

Legal information is provided for general reference. Check the latest official statutory text and applicable procedural context before relying on it in proceedings.