Section 57 IEA: Facts of which Court must take judicial notice

Section 57 IEA Bare Act Text

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.

Source: Section 57, Indian Evidence Act, 1872

Section 57 IEA in Simple Words

When Section 57 IEA Applies

• 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.

Example of Section 57 IEA

When Section 57 IEA Does Not Apply

• If a person asks the court to take judicial notice of a fact, the court could refuse to do so until that person produced the book or document that the court considered necessary.
• For a person holding a public office in any State, the court took judicial notice of signature, functions, title, name, and accession to office only if the appointment was published in an Official Gazette.
• For public holidays, fasts, and festivals, judicial notice under the list applied only when they were published in the Official Gazette.

Section 57 IEA in the BSA

FAQs on Section 57 IEA

Sections Related to Section 57 IEA