Code: Section 52 – Bharatiya Sakshya Adhiniyam, 2023
(1) The Court shall take judicial notice of the following facts, namely:—
(a) all laws in force in the territory of India including laws having extra-territorial
operation;
(b) international treaty, agreement or convention with country or countries by
India, or decisions made by India at international associations or other bodies;
(c) the course of proceeding of the Constituent Assembly of India, of Parliament
of India and of the State Legislatures;
(d) the seals of all Courts and Tribunals;
(e) the seals of Courts of Admiralty and Maritime Jurisdiction, Notaries Public,
and all seals which any person is authorised to use by the Constitution, or by an Act
of Parliament or State Legislatures, or Regulations having the force of law in India;
(f) 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;
(g) the existence, title and national flag of every country or sovereign recognised
by the Government of India;
(h) the divisions of time, the geographical divisions of the world, and public
festivals, fasts and holidays notified in the Official Gazette;
(i) the territory of India;
(j) the commencement, continuance and termination of hostilities between the
Government of India and any other country or body of persons;
(k) 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 advocates and other persons authorised by law to appear or act
before it;
(l) the rule of the road on land or at sea.
(2) In the cases referred to in sub-section (1) 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 and 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.
Explanation of Section 52 BSA
Section 52 of the Bharatiya Sakshya Adhiniyam, 2023, lays out the legal requirement for courts to take judicial notice of specific facts—meaning these facts do not need to be proven through evidence. This provision reduces the burden of proving widely recognized, official, or easily verifiable facts.
Key Provisions:
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Courts must accept certain facts without formal proof.
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These include Indian laws, official appointments, national symbols, public holidays, and recognized international events.
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Judicial notice also applies to documents like public seals, government records, and rules of the road.
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The court may use reference materials for historical, scientific, or literary facts.
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If a person wants the court to take notice of a fact, they may be asked to submit reference materials for verification.
Illustration
Example 1: Government Gazette Notification
If the Court is dealing with a case involving the appointment of a new Chief Secretary of a State, and such appointment is published in the Official Gazette, the Court will automatically accept the appointment without requiring proof of the notification.
Example 2: Recognized National Flag
A party in court does not need to prove what the Indian National Flag looks like. Section 52 mandates the Court to take judicial notice of it.
Example 3: Hostilities Between Countries
If there’s a conflict between India and another country declared by the Government of India, the Court does not require formal proof of the event. It will take judicial notice of such hostilities as recognized under Clause (j).
Common Questions and Answers on Section 52 BSA
1. What is judicial notice?
Judicial notice means the Court accepts certain facts as true without requiring formal proof, due to their official or universally known status.
2. What are examples of facts the Court must recognize under Section 52?
Examples include:
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Indian laws in force
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Official appointments and titles
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Public holidays
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National symbols
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Government Gazette notifications
3. Can the Court refuse to take judicial notice?
Yes. Under sub-section (2), if the Court is asked to take notice of a fact, it may refuse unless proper reference materials (like books or official records) are provided.
4. Does Section 52 apply to foreign countries?
Yes, to the extent of recognizing the national flag, title, or sovereignty of countries acknowledged by the Government of India.
5. Why is this section important?
It streamlines judicial proceedings by avoiding the need to prove universally accepted or easily verifiable facts, saving time and resources.
Conclusion
Section 52 of the Bharatiya Sakshya Adhiniyam ensures that courts operate efficiently by mandating judicial notice of specific facts that are widely accepted or officially recognized. It promotes legal consistency and simplifies the evidentiary process by eliminating the need for unnecessary proof of such facts.
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