BSA Section 52 — Facts of which Court shall take judicial notice

Summary

Sub-section (1) lists the facts that a Court must accept as true without needing anyone to prove them. These are: (a) all laws in force in India, including laws that apply outside India; (b) international treaties, agreements, or conventions that India has made with other countries, and decisions India has made at international associations or other bodies; (c) the official records of proceedings of the Constituent Assembly of India, Parliament of India, and State Legislatures; (d) the seals of all Courts and Tribunals; (e) the seals of Courts of Admiralty and Maritime Jurisdiction, Notaries Public, and all seals that any person is authorised to use by the Constitution, by an Act of Parliament or State Legislatures, or by Regulations having the force of law in India; (f) the taking up of office, names, titles, functions, and signatures of people currently holding any public office in any State, if their appointment to that office has been notified in any Official Gazette; (g) the existence, title, and national flag of every country or sovereign recognised by the Government of India; (h) the divisions of time, the geographical divisions of the world, and public festivals, fasts, and holidays that have been notified in the Official Gazette; (i) the territory of India; (j) the beginning, continuation, and end of hostilities between the Government of India and any other country or body of persons; (k) the names of the members and officers of the Court, their deputies, subordinate officers and assistants, and also all officers acting in execution of its process, and of advocates and other persons authorised by law to appear or act before it; and (l) the rule of the road on land or at sea.

Sub-section (2) says that in the cases mentioned in sub-section (1), and also on all matters of public history, literature, science, or art, the Court may use appropriate books or documents of reference to help itself. If any person asks the Court to take judicial notice of any fact, the Court may refuse to do so unless and until that person produces any such book or document that the Court considers necessary to enable it to take judicial notice.

Official Text

(1) The Court shall take judicial notice of the following facts, namely:—

(a) all laws in force in the territory of India including laws having extra-territorial operation;

(b) international treaty, agreement or convention with country or countries by India, or decisions made by India at international associations or other bodies;

(c) the course of proceeding of the Constituent Assembly of India, of Parliament of India and of the State Legislatures;

(d) the seals of all Courts and Tribunals;

(e) the seals of Courts of Admiralty and Maritime Jurisdiction, Notaries Public, and all seals which any person is authorised to use by the Constitution, or by an Act of Parliament or State Legislatures, or Regulations having the force of law in India;

(f) the accession to office, names, titles, functions, and signatures of the persons filling for the time being any public office in any State, if the fact of their appointment to such office is notified in any Official Gazette;

(g) the existence, title and national flag of every country or sovereign recognised by the Government of India;

(h) the divisions of time, the geographical divisions of the world, and public festivals, fasts and holidays notified in the Official Gazette;

(i) the territory of India;

(j) the commencement, continuance and termination of hostilities between the Government of India and any other country or body of persons;

(k) the names of the members and officers of the Court and of their deputies and subordinate officers and assistants, and also of all officers acting in execution of its process, and of advocates and other persons authorised by law to appear or act before it;

(l) the rule of the road on land or at sea.

(2) In the cases referred to in sub-section (1) and also on all matters of public history, literature, science or art, the Court may resort for its aid to appropriate books or documents of reference and if the Court is called upon by any person to take judicial notice of any fact, it may refuse to do so unless and until such person produces any such book or document as it may consider necessary to enable it to do so.

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• IEA §57 — Facts of which Court shall take judicial notice