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1. [s 57] Facts of which Court must take judicial notice.—

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 [s 57] Facts of which Court must take judicial notice.—
Monir: Textbook on the Law of Evidence, 12th Edn
Chief Justice M Monir In-house with freelancers

Monir: Textbook on the Law of Evidence, 12th Edn > Chief Justice M Monir: Textbook on the Law
of Evidence, 12th Edn > THE INDIAN EVIDENCE ACT > PART 2 ON PROOF > Chapter III
FACTS WHICH NEED NOT BE PROVED

THE INDIAN EVIDENCE ACT

PART 2 ON PROOF
Chapter III FACTS WHICH NEED NOT BE PROVED

[3.1] Scheme of the Chapter.—Part I fixed the frontiers of facts which may be given in evidence. In order to be
admissible a fact must be either a fact in issue (section 3) or a relevant fact (sections 6 to 55). Part II deals with
“proof of facts, i.e., the manner in which they must be “Proved” is defined in section 3 of the Act. Generally speaking
every fact on which a party relies must be proved, either by oral or documentary evidence. However there are three
exceptions to this general rule, viz., (a) facts judicially noticeable (section 57), (b) facts admitted (section 58), and
(c) facts presumed by law (e.g., sections 86 to 88). None of these classes of facts need be proved. Now Chapter III
deals with the first two exceptions, while the third exception is dealt with later on.

[s 57] Facts of which Court must take judicial notice.—

The Court shall take judicial notice of the following facts:—

6 [(1) All laws in force in the territory of India;]

(2) All public Acts passed or hereafter to be passed by Parliament 7 [of the United
Kingdom], and all local and personal Acts directed by Parliament 8 [of the United
Kingdom] to be judicially noticed;

(3) Articles of War for 9 [the Indian] Army, 10 [Navy or Air Force];

11 [(4) The course of proceeding of Parliament of the United Kingdom, of the Constituent
Assembly of India, of Parliament and of the legislatures established under any law for the time
being in force in a Province or in the States;]

(5) The accession and the sign manual of the Sovereign for the time being of the United Kingdom
of Great Britain and Ireland;

(6) All seals of which English Courts take judicial notice: the seals of all the 12
[Courts in 13 [India]], and all Courts out of 14 [India] established by
the authority of 15 [the Central Government or the Crown Representative]: the seals of
Courts of Admiralty and Maritime Jurisdiction and of Notaries Public, and all seals which any
person is authorized to use by 16 [the Constitution or an Act of Parliament of the
United Kingdom or an] Act or Regulation having the force of law in 17 [India];
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[s 57] Facts of which Court must take judicial notice.—

(7) 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 18 [any Official Gazette];

(8) The existence, title and national flag of every State or Sovereign recognized by 19
[the Government of India];

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

(10) The territories under the dominion of 20 [the Government of India];

(11) The commencement, continuance, and termination of hostilities between 21 [the

Government of India] and any other State or body of persons;

(12) 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 all
advocates, attorneys, proctors, vakils, pleaders and other persons authorized by law to appear
or act before it;

(13) The rule of the road, 22 [on land or at sea].

In all these cases, 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.

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.

[s 57.1] Principle

The Court may take judicial notice of certain facts as stated above; but it is bound to take judicial notice of the
facts enumerated in the section. This is clear from the use of the words “The Court shall...”. That is to say the
Court cannot refuse to take judicial notice of the facts covered by section 57.

It is obligatory on the Court to take judicial notice of all laws or rules having the force of law in the past, present
or future, in any part of India, i.e., of all Indian laws.

Court can take notice of historical facts in an enacting statute.23

“Indian Law” includes any law, ordinance, order, bye-law or regulation passed or made at any time by any
competent legislature, authority or person in India [Section 3(29) General Clauses Act].

“Laws in force” include laws passed or made by a Legislature or other competent authority in the territory of
India before the commencement of this Constitution and not previously repealed, notwithstanding that any such
law or any part thereof may not be then in operation either at all or in particular areas. [See Article 13(3)(b)] of
the Constitution of India.

[s 57.2] Notification
 Page 3 of 9
[s 57] Facts of which Court must take judicial notice.—

Judicial notice must be taken on production of a notification issued by a competent authority in the exercise of
delegated power of legislation. The Court has a discretion to refuse to take judicial notice of a notification
unless it is produced.24 Production of the Official Gazette is sufficient proof of the notification. Judicial notice
cannot be taken of a notification issued in the exercise of executive functions.

A Government Notification issued in exercise of statutory powers is a statutory provision of which judicial notice
can be taken independently.25

No judicial notice can be taken of notification of an executive order.26

The court is bound to take notice of the prorogation of the Legislative Assembly issued by the Governor and the
regularity of the actions connected therewith.27

[s 57.3] Licence

The Court is entitled to take judicial notice of the form of a statutory licence.28

[s 57.4] Personal Law

Where the Legislature has declared that the parties will be governed in certain matters by Hindu Law or
Mohammedan Law, as the case may be, the rules of Hindu Law or Mohammedan Law on those matters will be
judicially noticed by the Courts.29

[s 57.5] Custom

Customs are general and special. When the existence of a custom is generally known and judicially recognized,
it is not necessary to prove it by specific evidence.30 However, special custom may be pleaded by way of
exception which it is proper to prove by evidence of what actually is done.31

The Court in Ass Kaur v Kartar Singh,32 has observed that where a custom is repeatedly brought to the notice
of the courts of a country, the courts may hold that custom introduced into the law without the necessity of proof
in each individual case. The court can also take judicial notice of such customs in terms of section 57, Indian
Evidence Act, 1872. As and when a custom has repeatedly been recognised by the courts, the same need not
be proved.

[s 57.6] Law Reports

No court is bound to hear, cite or to treat as binding authority the report of a case not published under the
authority of any State Government. [See section 3 of the Indian Law Reports Act, 1875 (XVIII of 1875)].

[s 57.7] Clause (2)—Acts of Parliament of the United Kingdom

Even though India is now a Sovereign Republic, Indian Courts are bound to take judicial notice of all Acts of the
British Parliament.

[s 57.8] Clause (3)—Articles of War

For officers and other ranks the Articles of was will be found in the Army Act (XLVI of 1950).
 Page 4 of 9
[s 57] Facts of which Court must take judicial notice.—

[s 57.9] Clause (4)—Course of Proceedings

The course of proceedings of a Legislature includes the stated days of general political elections and of the
date and place of the sitting of the Legislature, the commencement and prorogation of its Sessions but not its
debates.33

For debates of Legislatures see section 78.

[s 57.10] Clause (6)—Seals

If a seal is not distinctly legible, it will not be judicially noticed.34

[s 57.11] Clause (7)—Judicial notice to be Taken of Gazetted Officers

Judicial notice must be taken of the appointments, names, titles, functions and signatures of all Gazetted
Officers.

[s 57.12] Clause (8)

A Court is not bound to take judicial notice of a foreign State or its flag if it is not recognized by the Government
of India.

[s 57.13] Clause (9)—Divisions of Time

The Indian eras like the Bengali, Fasli, Hijri, Jalus, Shak-Samvat, can be judicially noticed. The Court can refer
to an almanac.

[s 57.14] Geographical Divisions

The Court can take notice of the fact that Central Government is located at New Delhi.35

[s 57.15] Public Holidays

Such holdings are declared under section 25 of the Negotiable Instruments Act, 1881.

[s 57.16] Clause (11)—State of War

Indian Courts are not bound to take judicial notice of a war between Foreign Powers, though where the
Executive has recognized such a state of war, the Court might take judicial notice of this fact as a fact of public
notoriety.

[s 57.17] Clause (13)—The Rule of the Road on Land

That horses and carriages vehicles should keep on the left side is a rule of the road in India.

[s 57.18] The Rule of the Road at Sea

The following are the navigation rules, namely: (a) that ships and steam boats on meeting “end on or nearly end
on, in such a manner as to involve risk of collision” should port their helms so as to pass on the port or left side
 Page 5 of 9
[s 57] Facts of which Court must take judicial notice.—

of each other, (b) that steam boats should keep out of the way of sailing ships, and (c) that every vessel
overtaking another should keep out of its way.

[s 57.19] Section 57 not Exhaustive

The catalogue of facts to be judicially noticeable as given in section 57 is not exhaustive but is illustrative only.
It is impossible to enumerate everything under the sun which is so notorious that it should be superfluous to
prove it. The tendency is to enlarge the field of judicial notice. It is open to a court to take judicial notice of a
national coal strike36 or of a political movement like the “Quit India”.37

[s 57.20] Reference to Appropriate Books and Documents of Reference

It is open to a Court to consult appropriate books or documents as a source of information concerning matters
not referred to in evidence. The Court may refuse to take judicial notice unless the party produces any such
book or document as the Court may deem necessary.

[s 57.21] Reference to Standard Works on Matters of Public History, Literature, Science or Art

The Court can take judicial notice not of all matters of history, literature, science and art indiscriminately, but
only of such matters of public history, etc., as are of such a notoriety that they may be presumed as forming
part of the common knowledge of every educated citizen. Dictionaries may be referred by the Court to ascertain
the meaning of a word.38

Judicial notice can be taken of the contents of Government’s White Paper on Punjab.39

The Supreme Court has stated that when a state of affairs as to Government business is published in a
Government publication, the court can not only take judicial notice thereof but can also presume it to be
correct.40

The Courts can for the purpose of this section refer to statements in books and journals about local affairs
though the authors of such statements may be living.41

[s 57.22] The Judge cannot Utilize his Personal Knowledge

A Judge is not to use that which he knows only as an individual observer. He may use his own knowledge of
general or public facts, historical, scientific, political or otherwise.42 A judge cannot use his personal knowledge
but surely he can press into service his understanding.

[s 57.23] Judicial Notice Regarding Chemical Laboratory in Village

Judicial notice can be taken of the fact that each village would not have a chemical laboratory where the
process of analysis of ethyl alcohol can be carried out.43

[s 57.24] Land Acquisition Act

Court shall take judicial notice of the fact that the rise in prices of lands near about the developing town is a
continuous unending phenomenon in the acquisition for the payment of compensation according to the market
value.44
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[s 57] Facts of which Court must take judicial notice.—

[s 57.25] Rise in Value of Land

An increase in the value of land can be taken judicial notice of in fixing the market value of land acquired under
the Land Acquisition proceeding.45

[s 57.26] Increase in Rents

Court can take judicial notice of enormous increase of rents, particularly, in urban areas. The Supreme Court
has observed that the accommodation which one could get easily in 1973 for Rs 400 per month costs in 1986
at least five times more.46

The appropriate Government cannot acquire tenanted house without arranging for alternative
accommodation.47

[s 57.27] Use of Liquor by Younger Generation

It is notorious fact, of which Court can take judicial notice, that more and more of the younger generation in this
country is getting addicted to liquor.48

[s 57.28] Judicial notice of Increase in Prices of Landed Property

A Court has inherent power to take judicial notice of facts that fall within the realm of public knowledge. The
increase in prices of landed property is a fact within the realm of public knowledge and, therefore, a Court, while
determining the market value, would be within its rights to take judicial notice of increase in prices of landed
property.49

[s 57.29] Maximum Crimes are Committed in Four Wheelers with Black Films on Windows/Windshields

The court can take judicial notice of the fact that maximum crimes are committed in the four wheeled vehicles
using black films on windows/windshields.50

[s 57.30] Reluctance of Public to Appear and Depose before Court

Judicial notice was taken of the fact that the public are reluctant to appear and depose before the court
especially in criminal cases because of many obvious reasons.51

6 Subs. by the A.O. 1950, for para (1)

7 Ins. by the A.O. 1950.

8 Ins. by the A.O. 1950.

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[s 57] Facts of which Court must take judicial notice.—

9 Subs. by the A.O. 1950, for “Her Majesty’s”.

10 Subs. by Act 10 of 1927, section 25 and Sch. I, for “or Navy”.

11 Subs. by the A.O. 1950, for para 4.

12 Subs. by the A.O. 1948, for “Courts of British India”.

13 Subs. by Act 3 of 1951, section 3 and Sch., for “the States”.

14 Subs. by Act 3 of 1951, section 3 and Sch., for “the States”.

15 Subs. by the A.O. 1937, for the “the G.G. or any L.G. in Council”.

16 Subs. by the A.O. 1950, “any Act of Parliament or other”.

17 Subs. by Act 3 of 1951, section 3 and Sch., for “the States”.

18 Subs. by the A.O. 1937, for “the Gazette of India, or in the Official Gazette of
any L.G.”.

19 Subs. by the A.O. 1950, for “the British Crown”.

20 Subs. by the A.O. 1950, for “the British Crown”.

21 Subs. by the A.O. 1950, for “the British Crown”.

22 Ins. by Act 18 of 1872, section 5.

23 Mandala Jaya Syamala Rao v Ragho Kantherwanic Veeru of

Madugula, Anakapalli, AIR 1984 (NOC) 180 (AP).

24 State v Gopal Singh, AIR 1956

MB 138 : MBLR 1955 Cir 487 : 1956 Cr LJ 621
(FB).

25 Tek Chand Melamal v Firm Amar Nath Basheshar Das,

AIR 1972 Punj 46 (50) : 1971 Ren CR 935 : 1972 Ren CJ
301.

26 Executive Officer v VP Devassy,

1970 Ker LT 991 .
 Page 8 of 9
[s 57] Facts of which Court must take judicial notice.—

27 State of Punjab v Satya Pal Dang,

(1969) 1 SCR 478 : (1969) 2 SCA 299
: (1969) 2 SCJ 409 :
AIR 1969 SC 903 (912).

28 Rana Lakhan Sao v State, AIR 1953 (54).

29 Queen Empress v Ramzan, 7 All 461 (FB). Per Mahamood, J.

30 Jadulal Sahu v Janki Koer, 35 Cal 575.

31 Bhagwan Singh v Bhagwan Singh, 21 All 412 : 26 IA 153 (PC).

32 Ass Kaur v Kartar Singh, AIR 2007

SC 2369 : 2007 AIR SCW 4219 : (2007) 5 SCC 561
(569) (para 18 and 19).

33 Englishman Ltd. v Lajpat Rai, 37 Cal 760 : 6 IC 81.

34 Jakar Ali Chowdhury v Gajehunder Sen, 8 Cal 831 (Note).

35 PN Films Ltd. v UOI, AIR 1955

Bom 381 : 57 Bom LR 753 : ILR 1955 Bom 346
.

36 Girdhardas Coorji v Kerawala Karsandas & Co., 1926 Bom 253.

37 Kedar v Emp., 1944 All 94

.

38 Coca Cola Company v Pepsi Cola Company,

AIR 1942 PC 40 : 202 IC 203.

39 Sukhdeo Singh v UT, Chandigarh, AIR 1987 P&H 5 :

1986 Cr LJ 1757 .

40 RS Nayak v A.R. Antulay,

AIR 1986 SC 2045 : 1986 Cr LJ 1922
: (1986) 2 SCC 716 .

41 Madho Singh v State of Bihar,

AIR 1978 Pat 172 (FB) : 1978 Pat LJR 96
: 1978 BLJR 32 :
1978 BLJ 1 .
 Page 9 of 9
[s 57] Facts of which Court must take judicial notice.—

42 Bhagwati Charan Shukla v Prov Govt. CP and Berar, 1947 Nag

1.

43 State of Kerala v Unni, AIR 2007

SC 819 : 2007 AIR SCW 531 : (2007) 2 SCC 365
(374) (para 27).

44 Puran v State of Haryana, AIR 1986 P&H 305.

45 Dewan Anand v UOI, AIR 1984

Del 208 : LNIND 1983 DEL 283 .

46 Rattan Arya v State of Tamil Nadu,

AIR 1986 SC 1444 (1448) : 1986 3 SCC 385
: (1986) 1 SCWR 242 .

47 Bamandas Mukherjee v State of West Bengal,

AIR 1985 Cal 159 : (1984) 2 Cal LJ 53
: (1985) 1 Ren CR 565.

48 State of Maharashtra v Nagpur Distillers, Nagpur,

AIR 2006 SC 1987 : 2006 AIR SCW 2399 :
(2006) 5 SCC 112 (117) (para 9).

49 Baldev Singh v State of Punjab,

2007 AIHC 3330 : 2007 (3) Punj LR 546
: AIR 2007 P&H 129 (132) (para 16).

50 Avishek Goenka v UOI, AIR 2012

SC 2226 : 2012 AIR SCW 2837 : (2012) 5 SCC 321
(para 7).

51 Manga v State of Uttarakhand,

(2013) 7 SCC 629 (para 34) : 2013 (6) Scale 603
: JT 2013 (7) SC 75 :
[2013] 3 SCR 175 .

End of Document