Section 89 Bharatiya Sakshya Adhiniyam, 2023: Presumption as to books, maps and charts

Section 89 of Bharatiya Sakshya Adhiniyam, 2023: Presumption as to books, maps and charts

Official Bare Act Text

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

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.

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

Court Sec 2(1)(a) Document Sec 2(1)(b)

Legal Commentary & Landmark Judgments: Section 89

Section 89 establishes that 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, 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.

Discretionary 'May Presume': The court has the discretion to presume the authorship, time, and publication details of reference works.
Public or General Interest Works: Applies to encyclopedias, historical treatises, gazetteers, and nautical charts.
Historical Contextualization: Facilitates judicial research into ancient geographical boundaries, tribal customs, and colonial treaties.

Key Landmark Precedents:

State of Bihar v. Radha Krishna Singh (1983) 3 SCC 118: The Supreme Court held that historical treatises and district gazetteers may be referred to under Section 87 IEA (Section 89 BSA), but their factual conclusions must be evaluated with caution.
Mahant Ram Saroop Dasji v. S.P. Sahi (AIR 1959 SC 951): Affirmed that authorized historical and religious research volumes provide relevant background context for deciding religious trust character.

Courtroom Practice & Strategic Litigation Guidance:

In water dispute tribunals, historical easement trials, and tribal land cases, cite standard historical works and government gazetteers, requesting the court to exercise its discretion under Section 89.