section 57 of the indian evidence act

8/12/2019 Section 57 of the Indian Evidence Act

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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.

Comments:

Section 57 gives a list of facts which the court must take judicial notice of it.

The doctrine of judicial notice applies to the judges and juries. A list of facts mentioned in this section is

not exhaustive because the purpose of the section is to provide that the court shall take judicial notice

of certain facts rather than exhaust the category of facts of which the court in appropriate cases take

judicial notice. The court shall take notice without formal proof of facts. The Court has inherent power

to take judicial notice of facts that fall within realm of public knowledge. Under this section the court is

bound to take judicial notice of the following facts.

CLAUSE (1): All laws ill force in the territory of India:

Law includes any law, ordinances, orders, bye-laws or regulations passed or made by any competent

legislature or authority in the exercise of the delegated powers of the legislature. Law includes asdefined in Article 13(a) of the Constitution of India. Under this clause the court should take judicial

notice of all laws prevalent in India. The court shall take judicial notice only of the Indian laws not the

foreign laws.

CLAUSE (2): All Acts passed or to be passed by the Parliament of United Kingdom:

Under the clause the court shall take judicial notice of all Public Acts passed or to be passed by the

British Parliament and all local and Personal Act passed under the direction of the Parliament. Judicial

notice can be taken of the matter described the support of Indias white paper. The court can take

judicial notice of Acts of Parliament and interpret the schedule to the Act in the light of English version.

CLAUSE (3): Articles of war for the Indian Army, Navy or Air Force:

The courts shall take judicial notice of articles of war for officers, solders etc. of the Indian Army, Navy or

Air Force.

CLAUSE (4): The course of proceeding of parliament of the United Kingdom etc.:

The courts are bound to take judicial notice of the course of proceeding of the British Parliament; of the

Constitutional Assembly of India; of Parliament and of the Legislatures in the Provinces or in the state.

Judicial notice can be taken of the matter described in the Government of Indias white paper.

CLAUSE (5): Accession of United Kingdom:

Under the clause the court shall take judicial notice of the accession and the sign manual of the

sovereign for the time being of the United Kingdom of Great Britain and Ireland.

CLAUSE (6): Seals of which English courts take judicial notice:

The courts are bound to take notice of 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 court of Admiralty and maritime jurisdiction and


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Judicial notice is taken of various notorious facts for their universal notoriety. No court insists upon

formal proof by evidence of notorious facts of history, past or present. As a means of establishing

notorious and widely known facts judicial notice is superior to formal proof.

The court is required to take judicial notice of the proceedings of the two houses of Parliament

approving emergency and that the two proclamations of Emergency were in force by virtue of the

resolutions passed by the House of Parliament until they were duly revoked by the two Proclamations

which were used by the Vice- president acting as President of India in the year 1977.

Judicial notice may be taken of the widespread mailise or illegal immigration. The court will see the

supply of essential commodities. It is customary in Central Government of India to serve rice with dal

roti. The court is also bound to take notice of subsequent events and mould relief.

section 57 of the indian evidence act

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