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1. 12.2 SECTIONS 56 AND 57: JUDICIAL NOTICE

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 12.2 SECTIONS 56 AND 57: JUDICIAL NOTICE
Dr. V Nageswara Rao: The Indian Evidence Act, 3rd ed
V Nageswara Rao

Dr. V Nageswara Rao: The Indian Evidence Act, 3rd ed > Dr V Nageswara Rao: The Indian
Evidence Act, 3rd ed > XII FACTS WHICH NEED NOT BE PROVED > Sections 56–58

XII FACTS WHICH NEED NOT BE PROVED

Sections 56–58

12.2 SECTIONS 56 AND 57: JUDICIAL NOTICE

12.2.1 Rationale

“Judicial Notice” is a device by which the Court “notices” or takes cognizance of certain facts which are widely
known to exist. Those facts are so well known to be true that their formal proof is considered redundant and
unnecessary.3 Two reasons have been put forward for the doctrine of judicial notice: (a) Firstly, it expedites the
hearing of cases if well-known facts are judicially noticed as, for instance, that a fortnight is too short a period for
human gestation4 or that the advancement of learning is among the purposes for which the University of Oxford
exists.5 (b) Secondly, it tends to produce uniformity of decisions on matters of fact. Thus, it was held in R v
Simpson, (1983) 3 All ER 789, that a flick knife was an offensive weapon per se for the purposes of section 1 (1) of
the Prevention of Crime Act, 1953, since it is an “article made ... for use for causing injury to a person” within
section 1 (4) of the Act.

The rationale of “judicial notice” is not that the Court knows them as do many others; but it is (a) the intrinsic
indisputability of the facts because of their (b) notoriety. For instance, the fact that Sun rises in the East is so well
known for ages that it is indisputable and cannot be a part of “assertion and denial” of a “fact in issue” in an
adversarial proceeding. The requirement of indisputability of facts judicially noticed is emphasized by Australian,
United States and Nigerian legislations:

Section 144 of the Evidence Act of Australia, 1995, provides:

Matters of common knowledge.—(1) Proof is not required about knowledge that is not reasonably open to question and
is:
(a) common knowledge in the locality in which the proceeding is being held or generally; or
(b) capable of verification by reference to a document the authority of which cannot reasonably be questioned.6

Section 124 of the Nigerian Evidence Act, 2011, is in pari materiae above provision and states:

(1) Proof shall not be required of a fact the knowledge of which is not reasonably open to question and which is.—

(a) common knowledge in the locality in which the proceeding is being held, or generally; or

(b) capable of verification by reference to a document the authority of which cannot reasonably be questioned.

The United States Federal rules of Evidence of 2012 provide in rule 201 dealing with “Judicial Notice of Adjudicative
Facts”:

(b) Kinds of Facts That May Be Judicially Noticed.—The court may judicially notice a fact that is not subject to
reasonable dispute because it:
(1) is generally known within the trial court’s territorial jurisdiction; or
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12.2 SECTIONS 56 AND 57: JUDICIAL NOTICE

(2) can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.

Certain facts need not be proved not just because they are judicially noticed; they are judicially noticed because
they are incontrovertible. Once a fact is judicially noticed, it is pointed out in Beardsley v Irving, 81 Connecticut 489:

Judicial notice takes the place of proof, and is of equal force. As a means of establishing facts it is therefore superior to
evidence.

Section 56 deals with “Facts Judicially Noticeable Need not be Proved” and provides:

No fact of which the Court will take judicial notice need be proved.

Section 57 gives a list of facts of which the Court must take judicial notice.

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

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

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

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

(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 laws 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 Courts in India and of all Courts out of
India established by the authority of 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
the Constitution or an Act of Parliament of the United Kingdom or an Act or Regulation having the force of law in
India;
(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 any Official Gazette;

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

(11) The commencement, continuance and termination of hostilities between 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 offices 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 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.

The section deals with three categories of cases, namely,

1. the facts which are listed out in clauses (1) to (13). The Court has no option but to take judicial notice of
them as the initial part of the section says that the Court “shall take judicial notice of the following facts”;
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12.2 SECTIONS 56 AND 57: JUDICIAL NOTICE

2. However, the above list is not exhaustive7 as is clear from the last part of the section which refers to “all
these cases and also on all matters of public history, literature, science or art”.
3. The third category is the residuary cases where the parties may call upon the Court to take judicial notice
of certain facts not mentioned already in the section.

The last part of the section provides that “the Court may resort for its aid to appropriate books or documents of
reference” for its information and refreshing its memory so as to make sure that the alleged fact does in fact fall
under one or the other of the thirteen classes of facts and if it does so fall, the Court “shall” take notice of it. As the
fields of human knowledge are ever expanding, a party may call upon the Court to take judicial cognizance of “any
fact” not necessarily listed out in the section as “facts” in clauses (1) to (13) or as categories in “all matters of public
history, literature, science or art”. In such a case, the last part of section 57 says:

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.

12.2.1.1 Clause (1): “laws in force”

The phrase “laws in force” has been identically defined in Article 13 (3)(b) and Article 372, Explanation I of the
Indian Constitution as follows:

“laws in force” includes laws passed or made by a Legislature or other competent authority in the territory of India before
the commencement of the 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.

The above definition is not an exhaustive definition but only an inclusive one and refers only to pre-Constitutional
laws. Article 13 (3)(a) defines the term “law” also in an inclusive way and provides:

“law” includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India
the force of law.

The term “law” in this context includes not only the Indian Constitution and laws made by the Union and State
Legislatures and other subordinate law-making bodies in India but also customs and judicial decisions and the
Personal Laws like those of Hindus, Muslims and Christians.8 Private International Law or Conflict of Laws is also
part of the domestic law in force in India. Public International Law consisting of customs and treaties incorporated
into Indian law is also a part of the law of the land.9

The Courts have taken judicial notice of the following:

• It was held that it is the duty of the Government to bring out official and authentic publications of the Acts,
Rules and Regulations made by the legislative bodies. Otherwise, it is difficult for the Courts to take judicial
notice of private publications. This is particularly so because ignorance of law is no excuse even for a
common man.10
• Official Gazette notifications will be taken judicial notice of.11
• The Government notification bringing into force a proviso to section 34 of Code of Civil Procedure 1908
(CPC 1908) is a legislative act and the Court will take judicial notice of it.12

However, the Courts in India do not take judicial notice of foreign law. In Hari Shanker Jain v Sonia Gandhi, (2001)
8 SCC 233, it was held that “a point of foreign law is a matter of fact” and “under Section 57 (1) of Indian Evidence
Act, 1872, the Court shall take judicial notice of, inter alia, all laws in force in the territory of India. Foreign laws are
not included therein. Sections 45 and 84 of Evidence Act permit proof being tendered and opinion of experts being
adduced in evidence in proof of a point of foreign law.”13
12.2.1.2 Clause (3): “Articles of War”

The “Articles of War” refer to the code of regulations for the maintenance of discipline relating to the Army, Navy
and Air Force contained in the Army Act, 1950, Navy Act, 9157 and Air Force Act, 1950.
12.2.1.3 Clause (8): Existence, Flag and Title of Foreign State

Section 87A (2) of CPC 1908 provides:

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12.2 SECTIONS 56 AND 57: JUDICIAL NOTICE

Every Court shall take judicial notice of the fact

(a) That a State has or has not been recognized by the Central Government;
(b) That a person has or has not been recognized by the Central Government to be the head of the State.

As far as the “existence” of a foreign State or the recognition of a new foreign State is concerned, the Courts do not
take an independent view of the matter but write to the Government of India for information and the decision of the
Government of India is binding and conclusive on the Courts. This is called the “Conclusiveness of Foreign Office
Certificate”. In German Democratic Republic v Dynam Industrial Undertaking Ltd, (1971) 73 Bom LR 183, the
Bombay High Court observed:

It is not for the Court to pronounce any opinion on the point whether the Government of India has recognized a foreign
Government as a sovereign State. The Court has to ascertain this fact on the information made available to it by the
Government of India, and for that purpose necessary evidence can be allowed to be adduced even at the stage of appeal.

12.2.1.4 Clause (11): “Commencement, continuance and termination of hostilities”

In the case of commencement, continuance and termination of hostilities between India and a foreign State also,
the Courts write to the Government of India for its decision and that decision is binding and conclusive.

In the cases of clause (8) and (11), the principle is that the Executive and the Courts in India should not arrive at
conflicting opinions in matters of external relations of India and the Courts should yield to the decision of the
Government as the matter falls within the purview of the latter.
12.2.2 Residuary Category of Judicial Notice

In this category the Court might add to the illustrative cases mentioned in the section. The Courts might “refer to
what is stated in articles in journals and books by authors, though living, acquainted with such affairs as mentioned
by them in their articles and books for taking judicial notice of those matters”.14

The Courts have held that they will take judicial notice of the following:

• In the case of terrorist attack in Mumbai on Taj Hotel, the Supreme Court held: “... we can take judicial
notice of the fact the terrorist attacks at all places, in the goriest details, are shown live on the Indian TV
from beginning to end almost non-stop.”15
• We take judicial note of the fact that the Coovam River [near Chennai] has reverse flow of sea water a little
away from the Napier Bridge where it meets the Bay of Bengal and that makes that stretch little dangerous
to venture.16
• In the case of rape on 11 years old girl, “ordinarily the family of the victim would not like to get a stigma
attached to the victim” and delay in filing of FIR “is a normal phenomenon.”17
• There is an all-round escalation of rental amounts and the rent for the premises was ordered to be
enhanced.18
• A country-wide railway strike was imminent on a particular day and the strike was commenced on a
particular day.19
• The Governments, at the Centre or the States, cannot by themselves take effective measures for imparting
universal education for the country’s children.20
• Some unethical practices are committed by some of the Advocates on Record in the Supreme Court.21

3 Judicial notice is said to be “an administrative shortcut”. John Henry Wigmore, Evidence, 3rd Edn, (1940), vol 9, section
2492, pp 531, 535.
4 R v Luffe, (1807) 8 East 193.
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12.2 SECTIONS 56 AND 57: JUDICIAL NOTICE

5 Re Oxford Poor Rate Case, (1857) 8 E&B 184.

6 See Yusuf Aytugrul v The Queen, (2012) HCA 15.
7 Onkar Nath v Delhi Administration, AIR 1977 SC 1108.
8 Re Amina, AIR 1992 Bom 214.
9 Gramaphone Co of India v Birendra Bahdur Pande, (1984) 2 SCC 534. Amal K Ganguli, “Interface between
International Law and Municipal Law: Role of the Indian Judiciary”, in Minan N Patel ed, India and International Law
(Leiden, 2008), pp 11–47.
10 Sanjeev M Gorwadkar v Maharshtra, AIR 1997 Bom 303.
11 UOI v Nihar Kanta Sen, AIR 1987 SC 1713
12 State Bank of Travancore v Vijayachandran, AIR 1989 Ker. 302.
13 In Gangadhara Sah v Swaminatha Mudali, AIR 1926 Mad. 218 : 22 L.W. 679, para 3 and 4, it was held: “The law of that
State, however, it was recognized had as being the law of a Foreign State to be proved as a matter of fact by the expert
witness” and “the question ‘What a foreign law is on a particular point’ is a question of fact and has to be proved by the
parties setting it up”.
14 Madho Singh v Bihar, AIR 1978 Pat. 172 at p 181. Halsbury’s Laws of England, 4th Edn, vol 17, p 79, para 108: “In
order to equip himself to take judicial notice of a fact, the judge may consult appropriate sources, or he may hear
evidence”.
15 Mohammed Ajmal Mohammad Amir Kasabalias ABU Mujahid v Maharashtra, AIR 2012 SC 3565.
16 K Ramaraj v State, (2013), Criminal Appeal No. 301 of 2012, 12 December 2013 (High Court of Judicature at Madras).
17 Satyapal v Haryana, AIR 2009 SC 2190.
18 D C Oswal v D K Subbiah, AIR 1992 SC 184.
19 Onkar Nath v Delhi Administration, AIR 1977 SC 1108.
20 Debashish Kar Gupta v West Bengal, AIR 1999 Cal 300.
21 Poonam v Sumit Tanwar, 2010 (3) Scale 266.

End of Document