2. Sec 57- judicial notice
• Section 57 gives a list of facts which the court must take judicial notice of
it.
• The doctrine of judicial notice applies to the judges and juries.
• A list of facts mentioned in this section is not exhaustive because the
purpose of the section is to provide that the court shall take judicial
notice of certain facts rather than exhaust the category of facts of which
the court in appropriate cases take judicial notice.
• The court shall take notice without formal proof of facts. The Court has
inherent power to take judicial notice of facts that fall within realm of
public knowledge.
• Under this section the court is bound to take judicial notice of the
following facts.
3. Rationale
• The doctrine of judicial notice flows from the English common law
and has been incorporated in the Indian Evidence Act during the
colonial era by the British.
• Judicial notice is taken regarding issues of both fact and law.
• Regarding the domestic laws, the judge is presumed to have
knowledge of the law or is capable of acquiring it, which is a part of
duties and responsibilities. This theory is an essential part of the
administration of our system of justice.
• Therefore, judicial notice occurs when the Court accepts certain
facts to be true without either party requiring to produce evidence for
their support.
• The Court must take judicial notice of the facts given under sec 57 of
the Act.
4. .
• These facts are widely known by every person and everyone knows
them to be true, hence, proving these facts is a waste of time and
effort. The same was held by the Supreme Court in Onkar Nath & ors
v. The Delhi Administration.
• Judicial notice allows a well-known or authoritatively attested fact to
be produced as evidence without having to prove them, as they
cannot reasonably be doubted. Judicial notice is taken upon the
request of a party that submits the fact.
• Relevant facts that are admitted under judicial notice are accepted by
the Court even without producing a witness. This rule is often used
for the simplest and obvious facts that are considered to be common
sense and need not be proved.
• Such as the approximate time of sunrise and sunset, or, which day of
the week was a certain date etc.
5. (1) All laws in force in the territory of India;
• Law includes any law, ordinances, orders, bye-laws or
regulations passed or made by any competent legislature or
authority in the exercise of the delegated powers of the
legislature.
• Law includes as defined in Article 13(a) of the Constitution of
India.
• Under this clause the court should take judicial notice of all laws
prevalent in India. The court shall take judicial notice only of the
Indian laws not the foreign laws.
6. .
• CLAUSE (2): All Acts passed or to be passed by the Parliament
of United Kingdom:
Under the clause the court shall take judicial notice of all Public
Acts passed or to be passed by the British Parliament and all local
and Personal Act passed under the direction of the Parliament.
Judicial notice can be taken of the matter described the support of
India’s white paper.
The court can take judicial notice of Acts of Parliament and interpret
the schedule to the Act in the light of English version.
• CLAUSE (3): Articles of war for the Indian Army, Navy or Air
Force:
The courts shall take judicial notice of articles of war for officers,
solders etc. of the Indian Army, Navy or Air Force.
7. .
• CLAUSE (4): The course of proceeding of parliament of the United
Kingdom etc.:
• The courts are bound to take judicial notice of the course of
proceeding of the British Parliament; of the Constitutional Assembly
of India; of Parliament and of the Legislatures in the Provinces or in
the state. Judicial notice can be taken of the matter described in the
Government of India’s white paper.
• CLAUSE (5): Accession of United Kingdom:
• Under the clause the court shall take judicial notice of the accession
and the sign manual of the sovereign for the time being of the United
Kingdom of Great Britain and Ireland.
8. .
• CLAUSE (6): Seals of which English courts take judicial notice:
The courts are bound to take notice of 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 court of Admiralty and maritime jurisdiction and of
Notaries Public, and all seals 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.
• CLAUSE (7): Judicial notice of Gazetted Officer:
The courts shall take judicial notice of the appointments, names, titles, functions
and signatures of public officers if the appointment is notified in Official Gazette.
• CLAUSE (8): Recognition of title, national flags etc. of Foreign States:
The courts are bound to take judicial notice of existence of title and national flag
of every state or sovereign recognized by the Government of India.
9. .
CLAUSE (9): Division of time etc.:
Under the clause the courts shall take judicial notice of the divisions of time,
the geographical divisions of the world, and public festivals, facts and
holidays notified in Official Gazette.
CLAUSE (10): Territories of India:
The Courts shall take judicial notice of the territories under the dominion of
Government of India.
CLAUSE (11): Hostilities:
The courts shall take judicial note of the commencement, continuance and
termination of hostilities between Government of India and any other state or
body of persons.
CLAUSE (12): Names of members and officers of courts:
Under the clause the courts shall take judicial notice of the officers of the
court, their subordinate officers and assistants, of process servers, of
advocates, attorneys, proctors, vakils and pleaders.
CLAUSE (13): Rules of the Land:
The courts shall take judicial notice of the rule of the road on land or at sea.
