Section 82 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Here's a detailed explanation of Section 82 of the Bharatiya Sakshya Adhiniyam, 2023 in English:
๐ Section 82: Presumption as to Maps or Plans Made by Authority of Government
Text of Section 82:
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.(taxguru.in)
๐ง Understanding Section 82
Section 82 deals with the presumption of accuracy for maps or plans that appear to be made by the authority of the Central or State Government. It establishes that such maps or plans are presumed to be accurate without the need for further proof. However, this presumption does not apply to maps or plans created for the purposes of a specific legal case; these must be proven to be accurate.
โ๏ธ Legal Context and Application
This provision streamlines legal proceedings by allowing courts to rely on government-issued maps and plans without requiring additional evidence of their accuracy. It ensures efficiency in cases where such documents are presented, particularly in property disputes, land demarcation issues, or cases involving governmental land records.
However, when maps or plans are produced specifically for a legal case, the party presenting them must prove their accuracy, as they are not automatically presumed to be accurate.(constitutionofindia.in)
๐ Practical Example
Imagine a property dispute where one party claims that a piece of land belongs to them, and the other party disputes this claim. If a map issued by the State Government's Land Records Department is presented, the court will presume it to be accurate. However, if a map prepared by a private surveyor for the purpose of the dispute is introduced, the party presenting it must provide evidence to prove its accuracy.(kanoongpt.in)
๐งพ Summary
Government-Issued Maps/Plans: Presumed accurate and do not require proof of accuracy in court.
Maps/Plans for Specific Legal Cases: Must be proven to be accurate by the party presenting them.(taxguru.in)
Purpose: To streamline legal proceedings and ensure reliance on official government documents while maintaining fairness in cases involving documents prepared for the specific case.
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