Section 51 BSA: Fact judicially noticeable need not be proved

Bharatiya Sakshya Adhiniyam, 2023

Section 51 BSA at a Glance

Section 51 BSA deals with fact judicially noticeable need not be proved. It replaced Section 56 IEA on 1 July 2024.

Was IEA

Section 56 →

Section 51 BSA Bare Act Text

51. Fact judicially noticeable need not be proved

No fact of which the Court will take judicial notice need be proved.

Source: Section 51, Bharatiya Sakshya Adhiniyam, 2023

Section 51 BSA in Simple Words

Section 51 of the Bharatiya Sakshya Adhiniyam, 2023 excuses parties from proving certain facts in court. It applies whenever a court will take judicial notice (acceptance of a fact by the court without requiring proof) of a fact. For such a fact, no proof has to be given.

The rule covers every fact that is judicially noticeable under the Adhiniyam. When a court will take judicial notice of a particular fact, a party relying on it does not need to prove that fact in the proceeding.

When Section 51 BSA Applies

  • A fact before the court must be judicially noticeable, meaning the court will take judicial notice of that fact.
  • Once the court will take judicial notice of that fact, a party does not need to prove it.

Example of Section 51 BSA

In September 2024, Farhan brings a case against Priya in a Delhi court and relies on a fact that is judicially noticeable. Priya objects that Farhan has not given evidence to prove that fact. Because the Delhi court will take judicial notice of the fact, Section 51 BSA applies to the dispute. Under Section 51 BSA, the Delhi court accepts the judicially noticeable fact without requiring Farhan to prove it.

Section 51 BSA in the IEA (Previous Law)

Section 51 BSA replaces Section 56 IEA from the old criminal code.

Section 56 of the Indian Evidence Act, 1872 became Section 51 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording.

FAQs on Section 51 BSA

What is Section 51 BSA?▼

Section 51 of the Bharatiya Sakshya Adhiniyam, 2023 provides that a party does not need to prove a fact when the court will take judicial notice of it. Any fact that is judicially noticeable requires no proof in court.

Does a party have to prove a fact if the court takes judicial notice of it under Section 51 BSA?▼

No. Under Section 51 BSA, once a court will take judicial notice of a fact, that judicially noticeable fact does not need to be proved.

What is Section 51 BSA in IEA?▼

Section 56 IEA. Prior to 1 July 2024, the exact same rule and wording appeared in Section 56 IEA.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·