Report No. 185
We recommend that section 82 should be deleted.
The revised section 83, as proposed would read as follows:
"83. Presumption as to maps, charts or plans made by authority of government.- The Court shall presume that maps or plans or charts purporting to be made by the authorities of the Central Government or any State Government were so made and are accurate; but maps or plans or charts made for the purpose of any particular cause must be proved to be accurate."
In the 69th Report it was stated in para 39.18 that the words 'any country' in section 84 includes India also. It was also stated that the section does not require any amendment. We agree.
We are in agreement with the 69th Report (see para 40.8) that no amendment of section 85 is necessary.
Sections 85A to 85C refer to presumptions of electronic records and digital signatures and were introduced in the year 2000. Sections 85A, 85B, 85C use the words 'shall presume'. This requires no amendment.
We agree with the 69th Report (see para 40.10) that no amendment is necessary in section 86.
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 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 agree with 69th Report (see para 40.22) that no amendment is necessary in section 88.
This section refers to the presumption as to electronic messages. This was introduced by Act 21/2000. It does not require any amendment.
In the 69th Report, it was stated that the section does not require any amendment. We agree.