Section 30 BSA: Relevancy of Statements in Maps, Charts and Plans

Section 30 BSA explains when statements in published maps, charts and government-authorised plans are relevant evidence in judicial proceedings.

Introduction

Maps, charts and plans are frequently used in legal proceedings to establish geographical locations, boundaries, distances, roads, rivers and other spatial facts. In property disputes, for example, a map may help the court understand the location of a disputed parcel of land. In other cases, a chart or plan may help explain the geographical relationship between different places.

Section 30 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) deals with the relevancy of statements in specified maps, charts and plans. It recognises statements concerning facts in issue or relevant facts when they appear in published maps or charts generally offered for public sale, or in maps or plans made under the authority of the Central Government or a State Government.

The provision does not make every map or plan automatically admissible or conclusive. Its application depends on the type of map or plan, the nature of the statement and whether the matter is one usually represented or stated in that kind of document.

Section 30 substantially corresponds to Section 36 of the Indian Evidence Act, 1872.

Bare Act: Section 30 BSA

30. Relevancy of statements in maps, charts and plans.—

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.

Meaning of Section 30 BSA

Section 30 provides that statements appearing in certain maps, charts and plans may themselves be relevant facts when they concern matters usually represented or stated in those documents.

The provision covers two principal categories:

1. Published maps or charts generally offered for public sale.
2. Maps or plans made under the authority of the Central Government or a State Government.

The statements must concern facts in issue or relevant facts and must relate to matters usually represented or stated in the relevant type of map, chart or plan.

For example, a published geographical map may show the course of a river or the location of a town. If the geographical location becomes relevant in a dispute, the map’s representation may be relevant under Section 30, subject to the applicable requirements.

However, a map prepared specifically for a dispute does not automatically receive the same treatment merely because it depicts the relevant area. The circumstances in which it was prepared and the applicable rules of proof must be considered.

Essential Elements of Section 30 BSA

1. The document must fall within a recognised category

Section 30 identifies two categories of maps, charts and plans.

Published maps or charts generally offered for public sale: These are maps or charts published and made available to the public for general use.

Government-authorised maps or plans: These are maps or plans made under the authority of the Central Government or a State Government.

The provision does not expressly include every privately prepared map or plan. A privately prepared document must be assessed under the applicable evidentiary rules and cannot automatically claim relevance under Section 30 merely because it depicts a geographical area.

2. The statement must concern a fact in issue or relevant fact

The map, chart or plan must contain a statement concerning a fact in issue or another fact relevant to the case.

For example, if the location of a river is relevant to a property dispute, a suitable geographical map showing the river may be relevant. If the map contains unrelated information, that information does not automatically become relevant simply because it appears in the same document.

3. The matter must be one usually represented or stated

The section limits its application to matters usually represented or stated in the relevant type of map, chart or plan.

For example, geographical maps commonly represent locations, roads, rivers and boundaries. A statement about the geographical position of a river may therefore fall within the provision.

Also Read: Section 82 BSA: Presumption as to Government Maps and Plans

By contrast, a handwritten allegation about who owns a disputed property, added to a general map, is not automatically relevant under Section 30 merely because it appears on the map.

4. Relevance does not mean conclusive proof

Section 30 makes qualifying statements relevant facts. It does not declare that every representation in a map or plan must be accepted as conclusively correct.

The court may need to consider the source of the map, the authority under which it was prepared, its purpose, its accuracy and other evidence.

Difference Between Published Maps and Government-Authorised Plans

Basis	Published maps or charts	Government-authorised maps or plans
Source	Published and generally offered for public sale	Made under the authority of the Central Government or a State Government
Typical examples	General geographical maps and commercially published charts	Official survey maps and government-authorised plans
Relevant content	Matters usually represented or stated in that type of map or chart	Matters usually represented or stated in that type of map or plan
Important limitation	Publication alone does not make every statement relevant	Government authority alone does not make every statement conclusive

Both categories must satisfy the statutory requirement that the statements concern facts in issue or relevant facts and relate to matters usually represented or stated in the document.

Practical Examples of Section 30 BSA

The following examples illustrate the provision.

Example 1: Published geographical map

A dispute arises about the geographical location of a river in relation to two villages. A published map generally offered for public sale depicts the river and the villages.

The map’s representation may be relevant under Section 30 because geographical locations are matters usually represented in such maps.

Principle: A qualifying published map may provide relevant evidence of geographical features.

Example 2: Government-authorised survey plan

A dispute concerns the location of a road in relation to a public boundary. An official plan prepared under government authority depicts the road and boundary.

The plan may be relevant under Section 30, provided the statutory conditions are satisfied.

Principle: A qualifying government-authorised plan may help establish geographical or spatial facts.

Example 3: Map prepared specifically for litigation

A government department prepares a special map solely for use in a dispute with a private landowner. The map depicts a boundary that is contested in the case.

The map does not automatically receive the benefit of Section 30 merely because it was prepared by a government department. The court must examine the circumstances in which it was prepared and the applicable rules of proof.

Principle: A map specially prepared for litigation may require independent proof of the facts represented.

Example 4: Unrelated handwritten note on a published map

A published geographical map shows the location of a road. Someone later writes a note on the map claiming that the road belongs to a particular person.

The handwritten assertion does not automatically become relevant under Section 30. Ownership is not ordinarily established merely by an annotation on a general geographical map.

Principle: The section applies to matters usually represented or stated in the relevant type of map, chart or plan.

Example 5: Privately drawn boundary sketch

A person prepares a rough sketch showing the alleged boundary between two properties.

The sketch does not automatically qualify under Section 30 simply because it depicts a boundary. Its relevance and admissibility must be assessed under the applicable evidentiary rules, including any requirements for proving the document and examining its maker.

Principle: Not every privately prepared sketch falls within the specific categories recognised by Section 30.

Also Read: Section 31 BSA: Public Facts in Acts and Government Notifications

Important Case Laws on Section 30 BSA

The following decisions interpret Section 36 of the Indian Evidence Act, 1872, the predecessor provision. They remain relevant to the corresponding principle under Section 30 BSA, but they should not be described as judgments directly interpreting the new Act.

1. Ram Kishore Sen v. Union of India, AIR 1966 SC 644

Legal principle: The Supreme Court considered the evidentiary relevance of maps under Section 36 of the former Evidence Act. The provision concerns matters usually represented or stated in maps, charts and plans, rather than treating every statement or detail in any map as automatically relevant.

Relevance to Section 30 BSA: The decision helps explain the limitation concerning matters usually represented or stated in the relevant type of map or plan.

2. Dharam Singh v. State of Uttar Pradesh, 1962 Supp (3) SCR 769

Legal principle: The Supreme Court considered the relevance of maps under the former Evidence Act and the distinction between maps used as general representations and maps prepared for a particular dispute.

Relevance to Section 30 BSA: The decision is relevant to understanding why a map prepared specifically for litigation may require independent proof rather than automatically qualifying under the rule for generally published or government-authorised maps.

These decisions should be applied in light of their actual holdings and the circumstances of the case. They interpret the former Evidence Act, not Section 30 BSA directly.

Difference Between Section 29 and Section 30 BSA

Section 29 BSA	Section 30 BSA
Deals with entries in public or official records and electronic records made in performance of duty	Deals with statements in maps, charts and plans
Requires an entry made in the discharge of official duty or another duty specially imposed by law	Covers specified published maps or charts and government-authorised maps or plans
Corresponds to Section 35 of the former Indian Evidence Act	Corresponds to Section 36 of the former Indian Evidence Act
Common example: an official birth-register entry	Common example: a published geographical map or government-authorised survey plan

The main distinction is the type of record and the conditions under which its contents become relevant.

Corresponding Provision Under the Indian Evidence Act, 1872

The corresponding provision was Section 36 of the Indian Evidence Act, 1872, titled Relevancy of statements in maps, charts and plans.

Both provisions recognise the relevance of statements concerning facts in issue or relevant facts when those statements appear in published maps or charts generally offered for public sale, or in maps or plans made under government authority, and concern matters usually represented or stated in such documents.

Section 30 BSA carries forward the central rule of the former provision.

The Indian Evidence Act, 1872 was repealed with effect from 1 July 2024, subject to applicable savings provisions. For proceedings governed by the BSA, the relevant provision is Section 30.

Important Points for Law School and Judiciary Examinations

• Section 30 BSA deals with the relevancy of statements in maps, charts and plans.
• The corresponding provision under the Indian Evidence Act, 1872 was Section 36.
• The provision covers published maps or charts generally offered for public sale and maps or plans made under the authority of the Central Government or a State Government.
• The statement must concern a fact in issue or relevant fact.
• The matter must be one usually represented or stated in the relevant type of map, chart or plan.
• Not every privately prepared map or sketch automatically qualifies under Section 30.
• A map prepared specifically for litigation may require independent proof of the facts represented.
• Relevance does not mean conclusive proof.
• Ram Kishore Sen v. Union of India and Dharam Singh v. State of Uttar Pradesh are relevant authorities interpreting the predecessor provision.

Frequently Asked Questions (FAQs)

1. What is Section 30 of the Bharatiya Sakshya Adhiniyam, 2023?

Section 30 provides that statements concerning facts in issue or relevant facts in specified published maps or charts, or government-authorised maps or plans, are themselves relevant facts when they concern matters usually represented or stated in such documents.

2. Which section of the Indian Evidence Act corresponds to Section 30 BSA?

Section 30 BSA corresponds to Section 36 of the Indian Evidence Act, 1872.

3. Are all maps admissible under Section 30 BSA?

No. The provision covers specified published maps or charts generally offered for public sale and maps or plans made under government authority. The statements must also concern relevant matters usually represented or stated in such documents.

4. Can a privately prepared map be relevant in court?

A privately prepared map may be relevant under other applicable evidentiary rules, depending on its purpose, authenticity and proof. However, it does not automatically fall within the specific categories identified in Section 30.

5. Does Section 30 make a government map conclusive proof?

No. Section 30 makes qualifying statements relevant facts. It does not declare every representation in a government-authorised map or plan to be conclusively correct.

6. What is the significance of the phrase “usually represented or stated”?

The phrase limits the provision to matters ordinarily depicted or stated in the relevant type of map, chart or plan. It prevents unrelated annotations or unusual assertions from automatically becoming relevant merely because they appear in such a document.

7. Which cases are important for Section 30 BSA?

Ram Kishore Sen v. Union of India, AIR 1966 SC 644, and Dharam Singh v. State of Uttar Pradesh, 1962 Supp (3) SCR 769, are relevant authorities on the corresponding provision under the former Evidence Act.

Conclusion

Section 30 of the Bharatiya Sakshya Adhiniyam, 2023 recognises the relevance of statements in specified published maps and charts and government-authorised maps and plans. It is particularly useful where geographical features, locations, boundaries or other spatial facts become relevant in a judicial proceeding.

The provision is limited by the requirement that the statements concern matters usually represented or stated in such documents. It does not automatically make every privately prepared sketch admissible or every official map conclusive proof.

For law students and judiciary aspirants, the essential point is to distinguish the relevance of a qualifying map from the separate question of its evidentiary weight. The principles explained in Ram Kishore Sen and Dharam Singh remain useful when studying Section 30 BSA.

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