PART II

ON PROOF
CHAPTER III
NOT BE PROVED
FACTS WHICH NEED be oi
the frontiers of facts which may
Scheme of the Chapter.-Part I fixedfact must be either a fact in issue (Section
admissible a
in evidence. In order to be 55),
facts, ie., the mar
Part II deals with proof of Generally speal
fact (Sections 6 to
or arelevant the Act.
which they must be Proved' is defined in section 3 of by oral or document
in relies must be proved, either
every fact on which a party exceptions to this general rule, viz., (a) facts judicial.
evidence. However there are three by law leo
(Section 58), and (c) facts presumed
noticeable (Section 57), (b) facts admitted Now
of facts need be proved.with
Chapter II deals wik
sections 86-88). None of these classes later on.
dealt
the first two exceptions,
while the third exception is fact of which the
noticeable need not be proved.-No
56. Fact judicially
to be proved.
Court will take judicial notice need SYNOPSIS
3. Tudicial Notice as to Proper Name of a
1. Principle Person
2. What is Judicial Notice? 4. Judicial Notice of Subsequent Event
Comments

1. Principle noticeable fact need not be proved by leading

This section lays down that a judicially
evidence.
2. What is Judicial Notice? the Court itself of certain matters
which are
Judicial notice is the cognizance taken by of their existence is deemed unnecessary.
that evidence
so notorious or clearly established appropriate books
Judge may use his own knowledge of such matters, or may consult
A to assist him. He may resort to any source
or documents, etc. He may ask the parties which he thinks helps him. He may obtain
of information which he finds handy, and takes the place of proof, and is
information even from a bystander. Thus judicial notice
of equal force.
the rare cases. The death penalty
Capital punishment is to be awarded in rarest of Further a judicial notice can be
purpose.
has a deterrent effect and it does serve a social the country has not improved, but has
taken of the fact that the law and order situation in
deteriorated over the years and is fast worsening today. See Bachan Singh v.State of Punjab:
time to consider the law on the subject
The present is, therefore, the most inopportune
sections 252 (254).
1. Phipson Evidence, 7th Edn., p. 8; Taylor, sections 3-21. Best,
(1979) 3 SCC 727: (1979) 3 SCR 1193: 1979 Cr LJ (SC) 425.
SCC96: 1992 SCC (Cri) 24: 1992
3. Shashi Nayar v. Union of India, AIR 1992 SC 395: (1992) 1
LJ 514.
248
 S:. 57] Facts which Need Not be
Proved 249
3.Judicial Notice as to Proper Name of a Person
the case of infringement of trade mark, in
same "Atul". The Bombay High Court has which both parties were using the
name
held name
and an admitted fact that the word "Atul" is a proper that itof isa common
person andknowledge
is rather
acommon proper name. It is a sanskrit term. Its meaning in English is known to all in
The word "Atul"
this country. means
fact, it is an aspect of
which judicial uncomparable,
notice is required tounparalleled
be taken.
or unweighable. In
Hence, under section
56 of the Evidence Act such fact need not be proved.!
4.Judicial Notice of Subsequent Event
The subsequent events have a direct bearing over the
controversy in issue and hence
ROVED they deserve to
be taken note of for
deciding the appeal.
57. Facts of which Court nust take judicial notice.-The Court shall
judicial notice of the following facts:- take
*[(1) Al 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;
infdaec,ts presun a (3) Articles of War for ***[the Indian] Army, [Navy or Air Forcel;
A. Now Chaptetl eej(4) The course of proceeding of Parliament of the United Kingdom,
ith later on. of the Constituent Assembly of India, of Parliament and of the
legislatures established under any law for the time being in force
in aProvince or in the States;l
(5) The accession and the sign manual of the Sovereign for the time
being of the United Kingdom of Great Britain and Ireland;
Notice as to Prge a (6) All seals of which English Courts take judicial notice: the seals
otice of Subsezke of all the @0°[Courts in "[Indiall, and all Courts out of {India)
established by the authority of #[the Central Government or
the Crown Representativel: the seals of Courts of Admiralty and
Maritime Jurisdiction and of Notaries Public, and all seals which
ed not be pnvatta 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 "[Indial;
of certain mathtes
neisdeemadur
(7) The accession to office, names, titles, functions, and signatures of
the persons filling for the time being any public office in any State,
wConsutapaz if the fact of their appointment to such office is notified in lany
rsotthe
e may Offcial Gazettel;
helpshin.He CR 562.
a;rt 1. Atul Products Ltd. v. V.P. Mehta, AIR 2009 Bom &4: 2009 (2) All MR 524: 2009 (2) Bom
stheplae 2. Dinshw Rusi Mehta v. State of Maharashtra, AIR 2017 SC 1557: (2017) 5 SCC 157: 2017
(3) ABR
cassTheat 464.
hera judicalnt Subs. by the A.O. 1950, for para (1).
Ins. by the A.O. 1950.
hasnot
impnv Subs. by the A.O. 1950, for "Her Majesty's".
3 Subs. by Act 10 of 1927, sec. 25 arnd Sch. I, for "or Navy".
te 8@ Subs. by the A.0. 1950, for para 4.
lawan
the
er @00 Subs. by the A.O. 1948, for "Courts of British India".
"the States".
tions
22(24 # Subs. by Act 3 of 1951., sec. 3 and Sch., for
# Subs. by the A.O. 1937. for the "the G.G. or any L.G. in Council".
or other".
Subs. by the A.O. 1950. "any Act of Parliament
India, or in the Official Gazette of any L.G
O Subs. by the A.0. 1937. for "the Gazette of
250 The Indian Evidence Act, 1872

(8) The existence, title and national lag of every State or the
wo

recognized by "Ithe Government of India);

(9) The divisions of time, the geographical divisions of
and public festivals, fasts and holidays notified in the
Sover ig
the wotd,
notice

t o r coe

Gazette;
(10) The territories under the dominion of *[the
Government Ofof fika
(11) The commencement,
I
continuance, and termination of
ndia;, Becio

between *[the Government of India] and any other

of persons; State or
(12) The names of the members and officers of the Court and of
body hostil ties autho

not
pr
not
be
deputies and subordinate officers and assistants, and also
officers acting in execution of its process, and of all of all their Corsti

autaddvocat
horizede,
2 Not
attorneys, proctors, vakils, pleaders and other persons
by law to appear or act before it; author
(13) The rule of the road, ***[on land or at sea]. reuse
In all these cases, and also on all matters of public history, literatt. Oicia
a notif
science or art, the Court may resort for its aid to appropriate books
cuments of reference.
prOViS
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 suck
book or document as it may consider necessary to enable it to do so. iUed
SYNOPSIS 3. Lic
1. Principle 19. Section 57 not Exhaustive T
2. Notification 20. Reference to Appropriate Books and
3. Licence Documents of Reference L Per
4. Personal Law 21. Reference to Standard Works on Matters
5. Custom of Public History, Literature, Science mattet
6. Law Reports or Art Law
7. Clause (2): Acts of Parliament of the 22. The Judge cannot Utilize his Personal 5. Cus
United Kingdom Knowledge
8. Clause (3): Articles of War 23. Judicial Notice Regarding Chemical
9. Clause (4): Course of Proceedings Laboratory in Village and j
10. Clause (6): Seals 24. Land Acquisition Act specia
11. Clause (7): Judicial Notice to be Taken of 25. Rise in Value of Land evide
Gazetted Officers 26. Increase in Rents
12. Clause (8) 27. Use of Liquor by Younger Generation repea
13. Clause (9): Divisions of Time 28. Judicial notice of Increase in Prices of CUsto
14. Geographical Divisions Landed Property
15. Public Holidays 29. Maximum Crimes are Committed in Four 1
16. Clause (11): State of War Wheelers with Black Films on Windows/
17. Clause (13): The Rule of the Road on Windshields 2
Land 30. Reluctance of Public to Appear ana 3.
18. The Rule of the Road at Sea Depose before Court
4
Comments 5
1. Principle but it is bound
The Court may take judicial notice of certain facts as stated above:
clear from the use or
6
section. This is
to take judicial notice of the facts enumerated in the
7

9.
Subs. by the A.0. 1950, for "the British Crown".
Ins. by Act 18 of 1872, sec. 5.
tate Facts which Need Not be
SC. 57| Proved 251
the words wThe Court shall........That 1s to say the Court cannot refuse to take judicial
noticeofthefacts covered by section 57.
It is obligatory on the Court to take judicial notice of al laws or rules having the
forceoflawin the past, present or future, in any part of India, ie., of all Indian laws.
Court can take notice of historical facts in an
nmert "Indian Law" includes any law, ordinance, enacting statute.' or regulation passed
order, bye-law
or made at any time by any competent legislature, authority or person in India
(Section 3(29) General Clauses Act).
re in force" include laws passed or made by a
Legislature
authorityin the territory of India before the commencement
or
of this other competent
Constitution and
not previously repealed, notwithstanding that any such law or any part thereof may
not be then in operation either at all or in particular areas. [See Article 13(3)(b)] of the
Constitution of India.
2. Notification
Tdicial notice must be taken on production of a notification issued by a competent
authority the exercise of delegated power of legislation. The Court has a discretion to
to take judicial notice of a notification unless it is produced.? Production of the
offcial Gazette is sufficient proof of the notification. Judicial notice cannot be taken of
notification issued in the exercise of executive functions.
A Government Notification issued in exercise of statutory powers is a statutory
provision of which judicial notice can be taken independently.
No judicial notice can be taken of notification of an executive order.4
to do so. The court is bound to take notice of the prorogation of the Legislative Assembly
issued by the Governor and the regularity of the actions connected therewith.5
3.Licence
austive
The Court is entitled to take judicial notice of the form of a statutory licence.6
oropiate Boks
Tence 4. Personal Law
ard Works on Where the Legislature has declared that the parties will be governed in certain
, Literature, S matters by Hindu Law or Mohammedan Law, as the case may be, the rules of Hindu
Law or Mohammedan Law on those matters will be judicially noticed by the Courts.?
Utlize his Pa 5. Custom
Regarding Cazd Customs are general and special. When the existence of a custom is generally known
and judicially recognized, it is not necessary to prove it by specific evidence. However,
ct special custom may be pleaded by way of exception which it is proper to prove by
nd evidence of what actually is done.
The Court in Ass Kaur v. Kartar Sing, 10 has observed that where a custom is
OungerGeneztr repeatedly brought to the notice of the courts of a country, the courts may hold that
ncreaseinhis custom introduced into the law without the necessity of proof in each individual case.
reComnite 1. Mandala Jaya Syamala Rao v. Ragho Kantherwanic Veeru of Madugula, Anakapalli, AIR 1984 (NOC)
FilomsonMit 180 (AP).
Z. State v. Gopal Singh, AIR 1956 MB 138: MBLR 1955 Cir 487: 1956 Cr LJ 621 (FB).
3. Tek Chand Melamal v. Firm Amar Nath Basheshar Das, AIR 1972 Punj 46 (50): 1971 Ren CR 935:
licto Apa
1972 Ren CJ 301.
4 Executive Officer v. VP. Devassy, 1970 Ker LT 991. 2 SCJ 409: AIR
State of Punjab v. Satya Pal Dang, (1969) 1 SCR 478: (1969) 2 SCA 299: (1969)
1969 SC 903 (912).
6. Rana Lakhan Saov. State, AIR 1953 (54).
ueen Empress y, Ramzan. 7 All 461 (FB), Per Mahamood, J.
8. Jadulal Sahu v. Ianki Koer, 35 Cal 575.
9. Bhagwan Singh v. Bhagwan Singh, 21 All 412: 26 IA 153(PC).
AlR 2007 SC 2369: 2007 AIR SCW 4219: (2007) 5 SCC 561 (569) (para 18 and 19).
 18.India. in 16. noticed. 13. Clause 12.
(8
signatures) (6)-Seals
Clause10. elections 1950).
(XLVI of judicial
9. 8. 7.Law notReports proved.
Law 6.notbe The 252
Act.
another boatsshould
meeting 17.
judicialthough Geographical
Holidays Divisions
Public15. 14. recognized 11. nd Clause Clause
Clause For published court
2 1. Clause IndianClause Such The A Judicial Clause prorogation
If For Courts Even Reports courtNo is As
The The That TheClause The
Englishmanlakar should port Court adebates officers notice when
and
N should The
Indian seal course
and
(4)-Course (3)-Articles (2)-Acts
though can
Ali
following
"end Rule horses noticewhere holdings Court
(9)-Divisions of
(7)-Judicial
Cilms (13)-The (11)State
Courts by Act,
their Court is notice all is of of under also
Chowdhury keep on of of can the not of
Ltd. Ltd. keep the eras not Gazetted of of the and all bound
and this India (XVIIl custom atake
v. v.
helms or the
out Executive are are take Government
can bound Legislaturesproceedings
mustdistinctly its date Acts of the
are Road like
Untion Lajpat out nearly carriages Rule fact of notice
notdeclared refer
Sessions of other ofParliament judicial
v. of sO th e notice and
Proceedings War of is authority of to
bound War the of Officers.
to be ranks hear,
Gajehunder itsofthe as
navigation at of as the now a 1875)] repeatedlyhas The
of Rai, end Sea a has of to Time taken legible, place
lnda, way to vehicles the Bengali, take to of
fact under the an of se but British citeor notice ofIndian
37 way. pass On, recognized to the Sovereign of
AlR Sen, Cal of Road of take fact almanac. India.
judicial of
be section Legislature a
not of of
sailing on in public Taken it the Articles the State arny treatto
rules, should section that Fasli, the will its Parliament. Evidence
1955 8760: the such on judicial United such
Cal 6 Central notice 78. sitting
debates.! been
Bom port Land Hijri, appointments, ofnot
831 IC ships, namely: a notoriety. such 25 includes
81. marnner
keep notice Gazetted be of Republic,Government. as
recognisedcustoms
381:(Note) or of of of was Kingdom Act,
left a Government Jalus, a judicially authority
binding
57 and on state the the
(a) of foreign the will Indian
Bom (c) side as the Negotiable Shak-Samvat, Legislature, in 1872
that ofwar a Officers terms
LR that of to left names, stated be by
ships war, State noticed. [See
753:
involve
each side between found th e
every is
ILR th e located days section of 3 of
other. and is Instruments or titles, th e same
courts,
the section
vessel risk a Court its are the
Bomn
1955346. rule Foreign can of in
(b)
steam at flag functions general
commencemen the report
of New be bound
overtaking that of might if Arm. the 57,
collisionboats the Powers, Act . judicially it of Evidee (Ser
steam political to Indian a
road Delhi is take case
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24understanding. service
23. his may
otherwise."' journals
2. thereof is ofa
word.3notoriety
10. 0. I. 0. J. 4. O 2. 1. dReferencenecessary. may
21. deem
to Reference20. 19.Sc. 57]
An Rise
developing Court Land Judicial
Judicial The published Punjab. Art
DewanPuran Bhagwati
State BLJMadho
1. Sukhdeo Kedar
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illustrative
Union Unni,Shukla State U.T., the Regarding can take unlessthe judicial
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Haryana, Antulay, Land judicial
is process toaffairspresume for may Exhaustive of
Kerawala
v.All under value Act be
cannot Utilize
Dictionaries Court
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given
facts
in
of AlR v. Chandigarh, 94. continuous
unending
according taken but matters
that though stated be to that
The
India, AIR 2007 Prou. Bihar,
a notice of use purpose it taken only Matters
Workson
AIR ColKarsandas the of of his presumned movementnotice. only. to Facts
party consultBooksof
AIR 1986 SC
land analysisChemical of general which publication, to notice judicially
it be
Govt. AIR 1986Company, Land hiKnowledge
s Personal be that of not should which
AIR of the the of may 1S It
1984 P&H 819: 1978 can to personal such producesreferred
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Pat 2045: AIR
ethyl that publicknows contents referred
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208. AIRBerar, that knowledge section state any to Not
1986 1942 1926 each of all court
anoticeable
SCW (FB): phenomenon court in India'Qui?t
1947
5: Bom judicial the alcohol facts, only such by matters of Public book be
Cr
1986 PC proceeding. value. of of part documents
such orbooks or
evidence. to
village in refer the public to Proved
531: Nag 1978 LJ 40: 253. rise statements canaffairs
Government's enumerate
1922: Cr Village historical, as take to as
(2007) notice in can but Court of History, of Reference
1. Pat LJ202 would an to not the
history,
prices
in be as history, judicialprove
LJR(1986) 1757. IC surely
individual statements only to The
2 203. of carried common to document as
SCC the may Government ascertain
96: 2 in of not scientific, Literature, Court it.
every
acquisition he take etc., notice
365 1978 SCC fixing lands have be White literature,
science section
out. judicial knowledge as as tendencyything
(374) BLJR 716.
canobserver.
living. in ma y of
the near a
the are a
political
press booksand Paper on Science the
(para chemical business meaning of refusesource national aunder 57
32: market r
foabout notice such Court
27). 1978 the into He is is 253
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 27. edsilyareas. 26. 254
to
e
arunder
hearing, proceeding before 30. the iealternative
29. beof of 28.accommodation.
6. 5. 4. 3. 2. 1. 6. 5. 4. 3.Principle 2. 1. Increase
Avishek 242.
be Reluctance Windshields
four The withinpublicpublicJudicial Use
It Tne
(para7). Baldev
(para
(132)
16). 5
State 565.CR Rattan
Bamandas Admissions
Pleadings Non-traverse
Admissions
Evidentiary byMade?
Admissions Implied How deemed
Provided 58. Judicial Maximum younger
A
Manga SCC the is in CourtI
proved their Facts court Court of he
of or court wheeled its
knowledge notoriousappropriate 1973
Singh 112
v.Goenka Maharashtra Arya and knowledge. Liquor Supreme can in
State Mukherjee Admissions hands,
to which notice rights notice
has
generation
(117) v. that which,admitted of can Crimes for takeRents
v. Value in by when otherwise especially
of v. State State Pleadings
Counsel
have Public
was vehicles take inherent of by Rs.
Uttarakhand, Union (para the to fact, judicial
of or the 400Court
v. v. of
or may before taken judicial are take and, TheIncrease Younger Government
of
Nagpur admitted in of
Punjab, 9). State Tamil Admissions Admissions to per
of and Admissions
Court which parties need in using
than Committed therefore,
judicial increasepower this has
India, ofNadu, criminal Appearof which month notice The
(2013) Distillers, West Evidentiary the not the notice in
country
Generation observed
2007 may,
by by black to Indian
AlIR
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Made by thereto
be fact notice a in Prices
take Court cannot of
7 Bengal, Made hearing,
any and costs
SCC 2012
AIHC SYNOPSIS such in their cases that films of inCourt,prices
Nagpur, 1986 in be proved.-No the of is enormous Evidence
its rule Depose Four of judicial getting can acquire inthat
629 SC3330: AIR admissions. or fact
on
SC pleadings: because the increasewhile ofLanded take
2226: AIR Proviso
11. 10. discretion, they
of Wheelers landed 1986 the
(para 1985 1444 9. 8. 7. their public that
2007 Trials? Raised
Is beEffect before 5
pleadingwindows/windshields. notice
addicted tenanted at increase Act,
2006 an Admissibility
Admission judicial accommodation
34). 2012 Cal (1448): in Property least
Proceeding
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agree fact
(3) agents many property of 1872
SC 159: of Court withprices
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1987: (1984) 1986 Admissions require to need to house five
SCW Made 58
in rents,
LR 3 of admit
force agree obvious crimes
Black of isthat liquor. times
2006 to
the a
2837: 546: 2 SCC by Document
Applicable to landed that without
which
AIR Cal the Films market fact fall particularly,
AIR a at to
beappear more.
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(2012) SCW 53: (1986) the admitproved property3 one
2007 - any committed onvalue. and arrangin-.
to to When me and
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tam in while admission
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allegation has
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ShriniwvasSarup Ramdas Goundan noted a (c) admissions.
evidentiary 58 admissions the
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and when fa ct todurtrial,
document. admissions section in by thefinal or that normal try
liyngdeals out of may
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Leela former 31): disposal. Made? nay fact madeissues
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of implied
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fact agent or either would either oral need
Jetly, E.. an Anin is point or
Such fact made Admissions
AIR be not Admissions
of made
of before Facts
admission a are are a section and acts admissions It one
AIR shown admission pleading rule so of the in of
may at express of arise. facts or not
Government, 1936 mademerely 58 of an admissions issues, between documentary
admissions at
any the party which
2009lchharam, ofEvidentiary aserroneous
law
as the defendant, the or a be
Mad is to an be on suit
evidence; There 58 party, plaint, Thus, before Comments
SC relevantin more applies atrelieve
estoppel Made made timeparties. leads it be and which present proved, Need
does or
to in
made
be contemplation is the by or both or
AI(Supp)
R AIR 426:pleading not by
in from implied. evidence it the during
wrong is trial not. non-traverse. an shall if answer or in to Not
ILR properlyAdmissions
(b) the admission by isparties
the tosection is
1941 1974 by to a to admission omission not the the neither hearing.
363: 59 and
fundamental are against Non-traverse
be the be
a be admissions admissions prosecution In institution
course necessary It parties a
Bom SC
Mad in is party denied
taken to is trial. Proved
(2008) the
binding treated not not a principle
471: a criminal dispensed
is extent.
that
admitted save This
144: 349: of rule
conclusive, conclusive a on to express made
anyto
subsequent to party of to of disagree. Section
7(1974) a a specifically
deny inference time
section wi
relatesto th
43 SCC 37 in
the particular in of in be deposition ofa
only distinction of point fact
Bom Cr the pleadings pure th e case, (see admitted, suit
judicialunderlying section.his
lis pleadings, made allegations when with or and
85 1 LJ Therefore,
denied 17
LR SCC in is same unless and duty section of or of
(89)proceedings.*
471. admissible
the a to before deals
232. litigation procedure counsel law. by or of
orcommencement admission isit admissions, 1.person
e., the
(para 242: arebetween may of except by to a
proceedings manner thesewhile
a party by
they proving 115), The of a made with
14). (1974) conclusive, be counsel necessary the
where at
facts notice
but than of
section shown has reason against either a extra-
against as operate while from in other, trial. 255
3 are so an
SCR an not its no is
in
 that admission The upon, by
or 7. in 256
10. proved
9. appropriate to ofand Documents 8. point unambiguous iswith orevidence them. which (Section principal EffectEvidentiary a admitted. theInOccasion.!
admission
6.should
relieve
9Satish 8 Ahmedsaheb 7. 6. 5. 4. 3. 2. 1. Is turn theAdmissibility given proved
Oriental Section in
Section that A question Admission Admission Factdocumentandare The However,an It
Bansilal(481)
(para15). 126.All (para (406)
13). Union M.(para12). Buroji GautamJoshna S. other A on th e though agreement, have
a and,round party fact of remains
still
Venkataramana Waryan too the
provisions to and 11, Supreme
Mohan criminal admitted erroneous.
and effects
Admissions
of Cursetji Gouda time. been Civiladmitted
GanaramInsurance India Sarup 58 thus party objecting at notquestion the
which the
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