Section 52 BSA: Facts of which Court shall take judicial notice

Section 52 BSA Bare Act Text

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.

Source: Section 52, Bharatiya Sakshya Adhiniyam, 2023

Section 52 BSA in Simple Words

When Section 52 BSA Applies

• 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.

Example of Section 52 BSA

When Section 52 BSA Does Not Apply

• If a person asks the court to take judicial notice of a fact, the court can refuse to do so until that person produces the book or document that the court considers necessary.
• For a person holding a public office in any State, the court takes judicial notice of signature, functions, title, name, and accession to office only if the appointment is published in an Official Gazette.
• For public holidays, fasts, and festivals, judicial notice under the list applies only when they are published in the Official Gazette.

Section 52 BSA in the IEA (Previous Law)

FAQs on Section 52 BSA

Sections Related to Section 52 BSA