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Report No. 185

Section 87

This section deals with 'presumption as to books, maps and charts' and uses the word 'may presume'. It reads as follows:

"87: 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 statement 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."

It may be noticed that clause (13) of Section 57 lays down that in all the cases referred to therein and also on all matters of public history, literature, 413 science or art, the Court may resort for its aid to appropriate books or documents of reference. Section 36 declares the relevancy of statements of facts in issue or relevant facts in published maps or charts generally offered for public sale. This section refers to a presumption that it was written or published by the person at the time and place, and by the person, as stated in the section.

It must be noted that Section 87 raises only a presumption of genuineness but not of accuracy. On the other hand, secs. 83 and 86 also speak of accuracy. But, under Section 114, in cases falling under Section 87, accuracy may, in some cases, be presumed. In the case of maps, charts or plans falling under Section 83, published by Government, accuracy can also be presumed.

In the 69th Report, it was suggested (see para 40.17) that two changes are necessar.- (1) add plans, (as in Section 36); (2) that portion relating to 'statement of facts' must be expressed more clearly. Draft of the proposed amendment was not given.

The proposed section 87 would therefore be redrafted as follows:

"87. Presumption as to books, maps, plans 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 plan or chart, the statements regarding 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 and published."

We recommend accordingly.



Review of the Indian Evidence Act, 1872 Back




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