Section 87 Evidence Act: Presumption as to Books, Maps and Charts
Understand when an Indian court may presume the authorship and publication details of reference books, maps and charts under Section 89 of the Bharatiya Sakshya Adhiniyam, 2023, the successor to Section 87 of the Indian Evidence Act, 1872.
Current law: Section 89 of the Bharatiya Sakshya Adhiniyam, 2023
The Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023), came into force on 1 July 2024, replacing the Indian Evidence Act, 1872, subject to applicable savings and transitional provisions. Section 89 retains the substance of former Section 87.
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.
Read the authoritative legislation in the official India Code text of the Bharatiya Sakshya Adhiniyam, 2023.
Former Section 87 of the Indian Evidence Act, 1872
Section 87 was titled "Presumption as to books, maps and charts". It provided that the Court may presume that a book consulted on matters of public or general interest, or a published map or chart containing relevant statements and produced for inspection, was written and published by the person and at the time and place indicated by the material itself.
The current Section 89 carries forward this evidentiary principle. References to Section 87 remain relevant when studying earlier judgments and proceedings governed by the former enactment.
Meaning and legal effect of the presumption
1. "May presume" is discretionary
The words "may presume" allow a court to accept the specified fact as proved unless disproved, or to require proof instead. The court is not compelled to invoke this presumption in every case. This differs from provisions that use "shall presume".
2. Books on matters of public or general interest
A reference book, such as an atlas, historical reference work or gazetteer, may fall within this rule where the court refers to it for information concerning a matter of public or general interest. The court may presume the work's stated authorship and publication particulars.
3. Published maps and charts
A published map or chart must contain statements that are relevant facts in the proceedings and must be produced for the court's inspection. The presumption concerns who wrote or published it, and when and where, as represented by the publication.
4. What is not automatically proved
Section 89 does not make every statement in a book, map or chart conclusively accurate. The court must still assess relevance, reliability, competing evidence and the particular issue in dispute. The presumption may be challenged.
Conditions for applying Section 89
- For a book, it must be a work the court may refer to for information on a matter of public or general interest.
- For a map or chart, it must be published, its statements must be relevant facts, and it must be produced for inspection.
- The asserted author, publication date or place must be identifiable from the material.
- The court retains discretion to require independent proof or reject the presumption where circumstances justify it.
Practical examples
Historical reference book: In a dispute involving a historical place name, a court consults a published gazetteer. It may presume that the gazetteer was published by the publisher named on its title page and on the date stated there. The historical claim itself remains open to evaluation.
Published road map: A published map is produced in a case concerning the location of a road. The court may presume its stated publication particulars, but whether the road was actually situated as shown on the relevant date may require further evidence.
Unpublished private sketch: A sketch prepared privately for litigation is not automatically entitled to the presumption merely because it depicts geographical information.
Government maps and published maps: different provisions
| Provision | Subject | Nature of presumption |
|---|---|---|
| BSA Section 82 (former Evidence Act Section 83) | Maps or plans purporting to be made by government authority | "Shall presume" governmental origin and accuracy, with a special rule for maps made for a cause |
| BSA Section 89 (former Evidence Act Section 87) | Reference books and published maps or charts | "May presume" stated authorship and publication details |
See the related article on government maps and plans under former Section 83.
Frequently asked questions
Does Section 87 of the Indian Evidence Act still apply?
The Indian Evidence Act, 1872, has been repealed and replaced by the Bharatiya Sakshya Adhiniyam, 2023, from 1 July 2024, subject to savings for specified pending matters. The corresponding current provision is Section 89 of the BSA.
Does a published map conclusively establish a property boundary?
No. The presumption under Section 89 concerns stated authorship and publication particulars; it does not by itself conclusively establish a disputed boundary or the factual correctness of a map.
Must a court accept the information in a reference book?
No. "May presume" is discretionary, and the weight of the information depends on its relevance and reliability alongside other evidence.
Official legal references
- Bharatiya Sakshya Adhiniyam, 2023 - official India Code PDF (Section 89)
- India Code - Government of India legislation portal
This article provides general legal information. The applicable evidence law and any transitional provisions should be checked for the particular proceeding.