Section 82 Bharatiya Sakshya Adhiniyam, 2023: Presumption as to maps or plans made by authority of Government

Section 82 of Bharatiya Sakshya Adhiniyam, 2023: Presumption as to maps or plans made by authority of Government

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Court Sec 2(1)(a) Electronic Record Sec 61

Legal Commentary & Landmark Judgments: Section 82

Section 82 establishes the mandatory presumption 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.

Government Survey Maps: Covers Survey of India maps, state revenue survey sheets, forest boundary plans, and national highway maps.
Presumption of Accuracy: The court shall presume that the measurements, boundaries, and topographies shown are accurate.
Exclusion of Private Sketches: Maps or plans made for the purpose of any particular cause (such as police site plans or private architecture blueprints) must be proved by the person who made them.

Key Landmark Precedents:

Ram Kishore Sen v. Union of India (AIR 1966 SC 644): The Supreme Court affirmed that maps prepared under government authority carry a statutory presumption of correctness under Section 83 IEA (Section 82 BSA).
State of H.P. v. Sukhvinder Singh (2004) 5 SCC 515: Held that police site maps (naksha mauka) are prepared for a specific criminal prosecution and do not enjoy the presumption of accuracy under Section 83; the draftsman must be examined.

Courtroom Practice & Strategic Litigation Guidance:

In boundary encroachments or property ejectment trials, always summon the Assistant Director of Land Records (ADLR) with official survey sheets rather than relying on private patwari sketches, ensuring the protection of Section 82.