IEA 57 to BSA 52: Facts of which Court must take judicial notice
Section 57 IEA (1872) replaced by Section 52 BSA (2023)
IEA 57 to BSA 52 at a Glance
Section 57 IEA (Facts of which Court must take judicial notice) is now Section 52 BSA, in force from 1 July 2024. What changed is set out below.
What Changed From IEA 57 to BSA 52?
Section 57 of the Indian Evidence Act, 1872 became Section 52 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. Rewritten for India. Added: laws with extra-territorial operation, and international treaties, agreements, conventions and decisions made by India. Gone: United Kingdom Acts and Parliament, Articles of War, the Sovereign's sign manual, seals of English Courts. The reference to attorneys, proctors, vakils and pleaders was dropped, leaving "advocates". The heading reads "shall" for "must".
IEA 57 vs BSA 52: Comparison Table
| Aspect | IEA 1872 (repealed) | BSA 2023 (in force) |
|---|---|---|
| Section | 57 | 52 |
| Heading | Facts of which Court must take judicial notice | Facts of which Court shall take judicial notice |
| Sub-sections | 13 sub-sections | 2 sub-sections |
IEA 57 and BSA 52: Bare Act Text Side by Side
IEA 1872 (repealed)
Section 57, IEA 1872
57. Facts of which Court must take judicial notice.—The Court shall take judicial notice of the following facts:—
(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 laws for the time being in force in a Province or in the States
(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 of 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 authorised 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 recognised 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 authorised 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.
BSA 2023 (in force)
Section 52, BSA 2023
52. Facts of which Court shall take judicial notice.—(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.
When It Applies: IEA 57 vs BSA 52
Under IEA 57
- Applies to a court whenever any of the listed legal, constitutional, territorial, official, or public facts arises in a case.
- Applies to public officers in any State regarding signature, functions, title, name, and office when the appointment is published in an Official Gazette.
- Lets the court consult appropriate reference books or documents on any of the listed facts, as well as on matters of art, science, literature, or public history.
- Applies to a person who asks the court to take judicial notice of a fact, allowing the court to require that person to produce necessary reference material.
Under BSA 52
- Applies to a court whenever any of the legal, international, constitutional, official, or public facts listed in Section 52(1) BSA arises in a proceeding.
- Applies to public officers in any State regarding signature, functions, title, name, and office when the appointment is published in an Official Gazette.
- Lets the court consult appropriate reference books or documents on the listed facts and on matters of art, science, literature, or public history.
- Applies to a person who asks the court to take judicial notice of a fact, allowing the court to require that person to produce necessary reference material.
What IEA 57 to BSA 52 Means in Practice
Section 52 BSA replaces Section 57 IEA and rewrites the list of judicially noticed facts for India. A party can ask the court to take judicial notice of Indian laws having extra-territorial operation, as well as international treaties, agreements, conventions, and decisions made by India at international bodies. References to United Kingdom Acts and Parliament, Articles of War, the sign manual of the Sovereign, seals of English Courts, and attorneys, proctors, vakils, and pleaders are removed, leaving advocates.
FAQs: IEA 57 to BSA 52
Which items from Section 57 IEA are removed in Section 52 BSA?▼
Section 52 BSA removes references to United Kingdom Acts and Parliament, Articles of War, the sign manual of the Sovereign, and seals of English Courts. It also drops the terms attorneys, proctors, vakils, and pleaders, leaving advocates.
What new categories of facts are added to the list in Section 52 BSA?▼
Section 52 BSA adds laws in force in India that have extra-territorial operation. It also adds international treaties, agreements, or conventions entered into by India, and decisions made by India at international associations or other bodies. The seals of Tribunals are also listed.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Indian Evidence Act, 1872 · Bharatiya Sakshya Adhiniyam, 2023 ·