Section 57 of the Indian Evidence Act, 1872

Facts of which Court must take judicial notice:

The Court shall take judicial notice of the following facts:

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(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 law for the time being in force in a Province or in the State;

(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 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 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, 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.

Comments:

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.

CLAUSE (1): All laws ill 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.

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.

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.

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.

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.

In addition, the Section 57 has also provided that on all matters of public history, literature, science or art, the court may resort for its aid to appropriate books or documents of reference. The Koran is considered to be a holy book by the followers of Islam. Judicial notice cannot be taken of the facts stated in a news item being the nature of hearsay secondary of evidence, unless proved by evidence aliened.

Section 57 has also provided that if the court is called upon by any person to take judicial notice of facts referred in this section and on matters of public history etc., it may refuse to do so unless and until such person produces any such book or document as source of information concerning matters about which no evidence has been given in the case. It is only after being called upon to produce gazette notification of appointment; the person concerned fails to produce the gazette issue that the court can refuse to take judicial notice. Not having done so it was not open to the court after close of trial not to take judicial notice.

Notorious facts:

Judicial notice is taken of various notorious facts for their universal notoriety. No court insists upon formal proof by evidence of notorious facts of history, past or present. As a means of establishing notorious and widely known facts judicial notice is superior to formal proof.

The court is required to take judicial notice of the proceedings of the two houses of Parliament approving emergency and that the two proclamations of Emergency were in force by virtue of the resolutions passed by the House of Parliament until they were duly revoked by the two Proclamations which were used by the Vice- president acting as President of India in the year 1977.

Judicial notice may be taken of the widespread mailise or illegal immigration. The court will see the supply of essential commodities. It is customary in Central Government of India to serve rice with “dal roti.” The court is also bound to take notice of subsequent events and mould relief.