Section 89 BSA: Presumption as to Books, Maps and Charts

Section 89 BSA explains when courts may presume the authorship and publication details of certain reference books, maps and charts.

Introduction

Section 89 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) deals with the presumption as to books, maps and charts. It allows courts to presume that certain reference books and published maps or charts were written and published by the persons, at the times and places stated in those documents.

The provision is relevant when courts consult reference materials concerning matters of public or general interest or examine published maps and charts containing facts relevant to a dispute. It facilitates the use of such materials without requiring the authorship and publication details to be independently proved in every case.

Section 89 corresponds to Section 87 of the Indian Evidence Act, 1872. The provision retains the essential rule contained in the earlier legislation.

Section 89 of the Bharatiya Sakshya Adhiniyam, 2023: Bare Act

89. Presumption as to books, maps and charts.—

“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.”

Explanation of Section 89 BSA

Section 89 permits a court to draw a presumption regarding the authorship and publication details of qualifying books, maps and charts. Its application depends on the type of material and the conditions specified in the provision.

1. Presumption regarding books of public or general interest

The first part of Section 89 concerns books to which a court may refer for information on matters of public or general interest.

Such books may include reference works, historical publications, geographical reference books and other materials that provide information about matters of wider public concern.

The provision does not apply indiscriminately to every book. The book must be one to which the court may refer for information on a matter of public or general interest.

For example, a court examining a historical dispute may consult a recognised historical reference work. Section 89 may permit the court to presume that the book was written and published by the person, at the time and place, stated in the publication.

2. Presumption regarding published maps and charts

The second part of Section 89 concerns published maps and charts whose statements are relevant facts and which are produced for the court’s inspection.

Examples may include published geographical maps, historical maps or charts containing information relevant to the issues before the court.

The statutory requirements are important:

• The material must be a published map or chart.
• Its statements must constitute relevant facts in the proceedings.
• It must be produced for the court’s inspection.

A map or chart that does not satisfy these conditions does not automatically receive the benefit of the presumption under Section 89.

3. What does the court presume?

The court may presume that the book, map or chart was:

Also Read: Section 88 BSA: Presumption as to Certified Copies of Foreign Judicial Records

• Written or prepared by the person identified as its author.
• Published at the time stated in the publication.
• Published at the place stated in the publication.

The presumption concerns these authorship and publication particulars. It does not, by itself, establish that every statement contained in the material is factually correct.

This distinction is particularly important when a party relies on a historical publication, geographical map or reference book to establish a disputed fact.

4. Meaning of “may presume”

Section 89 uses the expression “may presume”, which gives the court discretion.

Under Section 2 of the BSA, the court may treat a fact as proved unless and until it is disproved, or may require proof of that fact.

Accordingly, the presumption under Section 89 is not mandatory in every case. The court may consider the nature of the publication, the circumstances in which it is produced and the other evidence available before deciding whether to draw the presumption.

Does Section 89 Presume the Accuracy of Books, Maps and Charts?

No. Section 89 does not itself create a general presumption that the contents of a book, map or chart are accurate.

The Law Commission of India’s 185th Report on the Review of the Indian Evidence Act, 1872 expressly discussed this distinction while examining former Section 87. It explained that the presumption concerns the genuineness of the publication details, rather than the accuracy of its contents.

For example, a published historical map may qualify for a presumption regarding the person who prepared it and its stated publication details. That does not automatically establish that every boundary, location or historical representation on the map is correct.

The accuracy of the information must be assessed under the applicable evidentiary rules and the circumstances of the case. Other provisions may be relevant depending on the nature of the document and the fact sought to be proved.

Illustration of Section 89 BSA

Suppose a court is hearing a dispute concerning the historical location of a village boundary. One party produces a published geographical reference book that identifies its author, publisher, publication date and place of publication.

If the court refers to the book for information on a matter of public or general interest, Section 89 may permit it to presume that the book was written and published by the person, at the time and place, stated in the publication.

However, the presumption does not automatically establish that the village boundary described in the book is accurate. The court must assess the evidentiary value of that information and consider other relevant material.

Similarly, if a published map is produced for inspection and its statements are relevant to the dispute, the court may presume its stated authorship and publication details. Whether its geographical representations accurately establish the disputed boundary remains a separate question.

Important Case Law and Legal Interpretation

No sufficiently verified, directly on-point reported judgment interpreting Section 89 BSA or its predecessor Section 87 of the Indian Evidence Act was identified in the research for this article. The statutory explanation is therefore grounded in the provision’s wording and the Law Commission’s analysis rather than in an unverified list of cases.

Law Commission of India, 185th Report on the Review of the Indian Evidence Act, 1872

The Law Commission examined former Section 87, which corresponds to Section 89 BSA. It explained that the provision permits a court to presume the authorship and publication particulars of qualifying books, maps and charts.

The report specifically distinguished this presumption from a presumption of accuracy. It also discussed the relationship between former Section 87, the provisions concerning judicial notice and the relevance of statements in published maps and charts.

Also Read: Section 13 of Bharatiya Sakshya Adhiniyam, 2023: Facts Bearing on Whether an Act Was Accidental or Intentional

Legal principle: The presumption under Section 89 concerns who wrote and published the qualifying material and the stated time and place of publication. It does not independently establish the accuracy of all its contents.

Difference Between Section 89 and Section 82 BSA

Sections 82 and 89 both concern maps, but their scope and the strength of their presumptions differ.

Basis	Section 82 BSA	Section 89 BSA
Subject	Maps or plans made by authority of the Government	Books, maps and charts
Documents covered	Maps or plans purporting to be made by the authority of the Central Government or a State Government	Books used for information on public or general interest matters and qualifying published maps or charts
Main presumption	The court shall presume that qualifying government maps or plans were so made and are accurate	The court may presume the stated authorship and publication time and place
Accuracy	Expressly presumes accuracy for qualifying government maps or plans, subject to the statutory exception for maps or plans made for a particular cause	Does not itself create a general presumption of accuracy
Nature of presumption	Mandatory when the statutory requirements are satisfied	Discretionary

This distinction is important in examination answers. A government map qualifying under Section 82 may receive a presumption of accuracy that Section 89 does not itself provide for ordinary published maps.

Difference Between Section 89 BSA and Section 83 BSA

Section 83 concerns collections of laws and reports of judicial decisions, whereas Section 89 concerns reference books, maps and charts.

Basis	Section 83 BSA	Section 89 BSA
Subject	Collections of laws and reports of decisions	Books, maps and charts
Main purpose	Presumes the genuineness of qualifying books containing laws or reports of judicial decisions	Permits a presumption regarding authorship and publication details of qualifying material
Scope	Books purporting to be published under government authority and containing laws, or books purporting to contain court decisions	Books consulted on matters of public or general interest and qualifying published maps or charts
Nature of presumption	Genuineness of the specified books	Stated authorship, time and place of writing and publication

The appropriate provision depends on the nature of the publication and the presumption sought.

Difference Between Section 89 BSA and Section 88 BSA

Section 88 concerns certified copies of foreign judicial records, while Section 89 concerns books, maps and charts.

Basis	Section 88 BSA	Section 89 BSA
Subject	Certified copies of foreign judicial records	Books, maps and charts
Type of material	Certified copies of judicial records from countries outside India	Reference books and qualifying published maps or charts
Presumption	Genuineness and accuracy of qualifying certified copies	Stated authorship and publication time and place
Nature	Discretionary	Discretionary

Section 88 should be considered when the document is a qualifying certified copy of a foreign judicial record. Section 89 is relevant when the material falls within the categories specified in that provision.

Key Points for Law Students and Judiciary Aspirants

• Section 89 of the Bharatiya Sakshya Adhiniyam, 2023 deals with the presumption as to books, maps and charts.
• It corresponds to Section 87 of the Indian Evidence Act, 1872.
• The court may refer to books for information on matters of public or general interest.
• Published maps and charts must contain statements that are relevant facts and must be produced for the court’s inspection.
• The court may presume the stated authorship and the time and place of writing and publication.
• The expression “may presume” makes the presumption discretionary.
• Section 89 does not itself create a general presumption that the contents of a book, map or chart are accurate.
• Section 82 BSA is distinct because it expressly addresses the accuracy of qualifying government maps or plans.

Frequently Asked Questions (FAQs)

1. What is Section 89 of the Bharatiya Sakshya Adhiniyam, 2023?

Section 89 permits a court to presume that a qualifying reference book or published map or chart was written and published by the person, at the time and place, stated in the material.

2. Which section of the Indian Evidence Act corresponds to Section 89 BSA?

Section 89 BSA corresponds to Section 87 of the Indian Evidence Act, 1872.

3. Is the presumption under Section 89 mandatory?

No. The provision uses “may presume”, which gives the court discretion to draw the presumption or require further proof.

4. Does Section 89 presume that the contents of a book are true?

No. It concerns the stated authorship and publication details. The accuracy of the contents must be assessed separately under the applicable evidentiary rules.

5. Can a court rely on a published map under Section 89?

A court may apply Section 89 to a published map or chart where its statements are relevant facts and the material is produced for the court’s inspection. The presumption concerns its stated authorship and publication particulars, not automatic accuracy.

6. What is the difference between Sections 82 and 89 BSA?

Section 82 concerns maps or plans purporting to be made by the authority of the Central Government or a State Government and expressly addresses their accuracy. Section 89 concerns the stated authorship and publication details of qualifying books, maps and charts.

7. Why is Section 89 important in evidence law?

It provides a limited evidentiary presumption for certain reference materials, reducing the need to independently prove their stated authorship and publication details in every case.

Conclusion

Section 89 of the Bharatiya Sakshya Adhiniyam, 2023 allows courts to presume the stated authorship and publication details of qualifying reference books, maps and charts. The provision is useful when such materials are consulted for information on matters of public or general interest or when published maps and charts contain relevant facts.

Its scope is limited. The presumption is discretionary and does not independently establish the accuracy of the material’s contents. For correct application, Section 89 should be read alongside Sections 82 and 83 BSA and the other evidentiary rules relevant to the particular document.

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