Bharatiya Sakshya Adhiniyam Section 51 : What Is Judicial Notice ?

What Is Judicial Notice under the Bharatiya Sakshya Adhiniyam, 2023?

📌 Definition/Principle – Section 51 (BSA)

• Section 51 of the BSA, 2023, states that no fact of which the Court will take judicial notice needs to be proved.
  
• In other words, if a court chooses to take judicial notice of a fact, that fact is accepted as true without requiring supporting evidence.
  

What Is Judicial Notice ? In legal proceedings, not every fact needs to be proven with evidence. Certain facts are so well-known or officially recorded that courts accept them as true without formal proof. This is known as judicial notice.

Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the concept of judicial notice is codified in Sections 51 and 52, with some notable clarifications and additions when compared to the Indian Evidence Act, 1872.

52. Facts of which Court shall take judicial notice. Provision

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.

📜 Facts the Court Shall Take Judicial Notice Of – Section 52(1) (BSA)

Section 52(1) of the BSA outlines a comprehensive list of facts that courts in India shall judicially notice. These include:

1. All laws in force in the territory of India, including those with extra-territorial operation.
   
2. International treaties, agreements, or conventions entered into by India, or decisions made by India at international associations.
   
3. Proceedings of the Constituent Assembly, Parliament, and State Legislatures.
   
4. Seals of all Courts and Tribunals.
   
5. Seals of Admiralty Courts, Maritime Jurisdiction, Notaries Public, or any seal authorised by Indian law.
   
6. Names, titles, offices, and signatures of persons holding public office, notified in the Official Gazette.
   
7. National flag, title, and existence of countries recognised by the Indian Government.
   
8. Divisions of time, geography, public festivals, fasts, and holidays as notified.
   
9. The territory of India.
   
10. The commencement and termination of hostilities involving India.
    
11. Names of Court officers, deputies, subordinates, process-executing officials, and authorised advocates.
    
12. The “rule of the road” on land or at sea.
    

📚 Court’s Use of Reference Materials

When dealing with the above facts and matters related to public history, literature, science, or art, the court:

• May refer to reliable books or documents.
  
• May refuse to take judicial notice of a fact unless a proper reference source is produced.
  

This ensures a balanced mechanism where the court accepts certain facts but retains the right to demand authenticity if required.

🆚 Comparison with Indian Evidence Act (IEA), 1872

The Bharatiya Sakshya Adhiniyam, 2023 aligns closely with the Indian Evidence Act, 1872 in these provisions, but also introduces new specific inclusions.

🔍 Comparison Table:

Read More: What’s new in Bharatiya Sakshya Adhiniyam, 2023?

Section 104 The burden of proof in the Bharatiya Sakshya Adhiniyam 2023

🧠 Additional Insight: Why Judicial Notice Matters

Judicial notice saves time and avoids unnecessary litigation over facts that are:

• Universally known,
  
• Recorded in public records, or
  
• Established by law or official notifications.
  

It enhances judicial efficiency and allows courts to focus on disputed matters, while accepting as true the facts that are legally or publicly incontrovertible.

📌 Real-Life Examples of Judicial Notice

1. Courts will take judicial notice of public holidays like Republic Day or Diwali – no evidence required.
   
2. The appointment of the President of India is judicially noticed based on Gazette notification.
   
3. Courts do not require proof of the Indian Penal Code or the Constitution as they are laws in force.
   

🔎 Practical Tip for Law Students & Practitioners

• If you want a court to take judicial notice of a fact not commonly known, submit the correct reference material, such as a government notification or standard text.
  
• Be aware that courts can refuse judicial notice if the fact is not clear or the reference is not credible.
  

❓ Frequently Asked Questions (FAQs)

📌 1. What is judicial notice under the Bharatiya Sakshya Adhiniyam, 2023?

Judicial notice under the Bharatiya Sakshya Adhiniyam, 2023, means that a court may accept certain facts as true without requiring formal proof or evidence.

According to Section 51, if a fact falls under the category of judicial notice, it need not be proved. Section 52 lists out such facts—like laws in force, public holidays, names of public officers, and international treaties entered by India—that the court shall judicially recognize.

📌 2. What is the scope of judicial notice in Indian law?

The scope of judicial notice under Indian law is both wide and specific. Courts take judicial notice of:

• Existing Indian laws and official government notifications
  
• International treaties and conventions involving India
  
• Historical events and public records
  
• The functioning of Parliament, State Legislatures, and Courts
  
• Seals and appointments of public authorities
  
• Holidays, divisions of time, and geographical facts
  
• Hostilities involving the Government of India
  
• Standard rules of the road and maritime navigation
  

This wide scope is defined under Section 52(1) of the BSA, 2023, which largely mirrors Section 57 of the Indian Evidence Act but with added clarity on international and territorial aspects.

📌 3. Is proof required for facts under judicial notice?

No. Facts that fall under judicial notice do not require proof in court. Under Section 51 of the Bharatiya Sakshya Adhiniyam, the court automatically accepts such facts as true, unless it specifically asks for a credible reference to confirm the matter.

📌 4. Can the court refuse to take judicial notice?

Yes, the court may refuse to take judicial notice of a fact if:

• It is not clearly established as publicly known or documented.
  
• The party requesting judicial notice fails to provide a valid reference source, such as a government document or official publication.
  

In such cases, the court has the discretion to ask for evidence or documentation before accepting the fact.

📌 5. What are some examples of facts courts take judicial notice of?

Some examples include:

• The Constitution of India
  
• The date of Independence (15th August 1947)
  
• Republic Day (26th January) as a public holiday
  
• The appointment of the Chief Justice of India, once published in the Gazette
  
• The existence of the Indian Penal Code
  

These facts are well-documented, commonly known, or officially notified, and thus qualify for judicial notice.

📌 6. How is judicial notice different from presumption?

Judicial notice means the court accepts a fact without any proof, as it is already considered established. In contrast, presumption involves an assumption that a fact is true unless proven otherwise.

For example:

• Judicial notice: The court does not require proof that Delhi is the capital of India.
  
• Presumption: The court presumes a person intends the natural consequences of their act—unless the accused rebuts it with evidence.
  

📝 Conclusion

In essence, the Bharatiya Sakshya Adhiniyam, 2023 retains the core of judicial notice from the earlier Indian Evidence Act but updates it by clarifying international and territorial facts, making it more relevant to current legal and geopolitical contexts.

Courts can still refer to authoritative materials for clarification and have discretion to accept or reject a judicial notice request. These provisions uphold judicial efficiency and legal certainty.