Question
Facts of which the Court will take judicial
noticeSolution
Answer: Need not be proved Detailed Explanation under Bharatiya Sakshya Adhiniyam (BSA), 2023 This answer is based on Section 51 of the BSA (which corresponds to Section 56 of the old Indian Evidence Act). 1. The Statutory Rule (Section 51 BSA) The section states clearly and concisely: "No fact of which the Court will take judicial notice need be proved ." 2. What is "Judicial Notice"? Judicial notice refers to the acceptance of a fact by a court without the requirement of formal proof (like witness testimony or documents). These are facts that are so well-known, indisputable, or official that requiring proof for them would be a waste of the court's time (e.g., the fact that the sun rises in the East, or that New Delhi is the capital of India, or the laws of the land). 3. List of Facts (Section 52 BSA) While Section 51 says these facts need not be proved, Section 52 (formerly Section 57 of IEA) provides the mandatory list of facts that the Court shall take judicial notice of, such as:
- All laws in force in the territory of India.
- International treaties and agreements.
- The seals of all Courts and Tribunals.
- The accession to office and names of public officers (if notified in the Official Gazette).
- The territory of India.
- The rule of the road on land or at sea.
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