Section 89 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 89 of the Bharatiya Sakshya Adhiniyam (BSA), 2023 addresses the presumption of authenticity regarding certain documents, specifically books, maps, and charts, when they are produced in court.(kanoongpt.in)
📜 Section 89: Presumption as to Books, Maps, and Charts
Section 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.(aaptaxlaw.com)
⚖️ Legal Significance
This section allows courts to assume, unless proven otherwise, that:(myjudix.com)
Authorship and Publication: The book, map, or chart was created and published by the person and at the time and place it claims.(aaptaxlaw.com)
Relevance: The content of the document is pertinent to the matter at hand.
This presumption aids in the efficient handling of cases by reducing the need to prove the authenticity of such documents repeatedly.(aaptaxlaw.com)
🧾 Practical Application
In legal proceedings, if a party presents a book, map, or chart that is relevant to the case, the court may accept it as authentic without requiring further proof of its creation or publication, unless there is evidence to the contrary.(jurisquest.com)
Example: In a land dispute case, a government-issued land map presented in court may be presumed to be authentic, reflecting the true state of affairs, unless evidence suggests otherwise.
🧭 Summary
Purpose: Facilitates the use of certain documents in court by presuming their authenticity.
Scope: Applies to books, maps, and charts relevant to public or general interest.(lextechsuite.com)
Effect: Reduces the burden of proving the authenticity of such documents unless challenged.
This provision streamlines legal proceedings by allowing certain documents to be accepted at face value, promoting efficiency and reducing unnecessary delays.
RELATED Blog
0 comments