Law of Evidence

FACTS WHICH NEED NOT BE PROVED (Sections 56-58)

Prepared By :-
Ms. Lovepreet Kaur
Assistant Professor of Law
RGNUL, Punjab
 FACTS WHICH NEED NOT BE PROVED (Sections 56-58)
1. Section 56 - Facts judicially noticeable need not to be proved

- Rule – Rule is that fact must be proved through evidence (either by oral evidence or
documentary evidence) by party.

- Exception – There are two exceptions of the rule that fact must be proved by party.
These are –

1. Facts judicially noticeable – Sections 56 & 57. 


2. Facts admitted by party – Section 58, rather than sections 17 to 23 and 31. 


- Presumption of Law - In case of shall and conclusive, it is mandatory for court, while in case 

of may presume, it is discretionary. 


- Meaning of Judicial Notice - According to Taylor, “judicial notice is the cognizance taken by
the Court itself of certain matters which clearly established that evidence of their existence is
deemed unnecessary. A judge may take help of books or documents. Judge may also take help
of parties. In such cases party is not bound to prove facts.”
 FACTS WHICH NEED NOT BE PROVED (Sections 56-58)

2. Section 56 and 57 - Facts judicially noticeable –

- Combined e ect of sections 56 and 57 is that facts judicially

noticeable need not be proved. Section 56 is declaratory nature.

- Section 57 contains certain facts regarding which it is mandatory for

court to take judicial notice. Section 57 is not exhaustive.

3. Section 57 - Facts of which court must take judicial notice

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 FACTS WHICH NEED NOT BE PROVED (Sections 56-58)

3. Section 57 - Facts of which court must take judicial notice

Three parts - (a) List of Facts of which the Court shall take judicial notice: -

1. Indian Law
2. British Law
3. Articles of War
4. Course of proceeding of Parliament/ Constituent Assembly/ Legislatures
5. The accession and the sign
6. Seals
7. Gazetted O cers
8. National Flag of Countries
9. Time, world & Festival
10. Indian Territory
11. Hostilities
12. Court & Advocate
13. Tra c Rule
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 FACTS WHICH NEED NOT BE PROVED (Sections 56-58)

3. Section 57 - Facts of which court must take judicial notice

Three parts -

(b) 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.

(c) 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.

Onkar Nath & Ors. v. The Delhi Administration (1977 S.C.)


 FACTS WHICH NEED NOT BE PROVED (Sections 56-58)
Importance of judicial notice-

1. Recognition of facts without formal proof is a matter of expediency and no one has ever
questioned the need and wisdom of accepting the existence of matters which are
unquestionably within public knowledge.


2. Shutting the judicial eye to the existence of such facts and matters is in a sense an insult to
common-sense and would tend to reduce the judicial process to a meaningless and wasteful
ritual.
Examples - No Court therefore insists on formal proof, by evidence, of notorious facts of history,
past or present.

1. The date of poll,


2. The birth of a man of eminence and
3. Events that have rocked the nation need no proof and are judicially noticed.

Judicial notice, in such matters, takes the place of proof and is of equal force. In fact, as a
means of establishing notorious and widely known facts it is superior to formal means of proof.
 FACTS WHICH NEED NOT BE PROVED (Sections 56-58)
Section 58. Facts admitted need not be proved.––No fact need be proved in any proceeding
which

i. the parties thereto or

ii. their agents
iii. agree to admit, three methods :-
1. at the hearing, or

2. before the hearing, they agree to admit
3. In Pleading
- (a) by any writing under their hands, or which 

- (b) by any rule of pleading in force at the time they are deemed to have admitted by their
pleadings:


Provided that the Court may, in its discretion, require the facts admitted to be proved
otherwise than by such admissions.
(Provided Court may require proof of such admitted facts) -
When further evidence may required ? Fraud, or Other Su cient Reason

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 FACTS WHICH NEED NOT BE PROVED (Sections 56-58)

Section 58. Facts admitted need not be proved.––No fact need be proved
in any proceeding which

Ingredients of Section 58 :-

1. Admission by whom? -
Admission may be made by party or his agents.
2. During trial-
Admission during trial at or before hearing

3. Kinds of admission –
Admission may be express or implied.

Naresh Kumar v. Vishnu Kumar Nayyar (AIR 1994, Delhi)