Facts of which Court shall take judicial notice
AI Assist
Summary
Court must take judicial notice of certain widely known facts: laws in force in India (including extra‑territorial), international treaties, official seals, officers whose appointment is published in the Official Gazette, national flags and territories of recognised countries, public holidays and divisions of time, commencement of hostilities, and rules of the road. For these matters and for public history, literature, science or art the court may consult authoritative reference books and can refuse a request for notice until the party produces the necessary book or document.
Example
Priya asks a magistrate to accept that a given date is a public holiday because it is notified in the Official Gazette. The court will take judicial notice of that holiday without extra proof. If Priya instead asks the court to accept a disputed historical claim, the court may require her to produce an authoritative book or document before taking notice.
Bare Act
Enacted text(1) The Court shall take judicial notice of the following facts, namely:-
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(a) all laws in force in the territory of India including laws having extra-territorial operation;
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(b) international treaty, agreement or convention with country or countries by India, or decisions made by India at international associations or other bodies;
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(c) the course of proceeding of the Constituent Assembly of India, of Parliament of India and of the State Legislatures;
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(d) the seals of all Courts and Tribunals;
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(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;
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(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;
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(g) the existence, title and national flag of every country or sovereign recognised by the Government of India;
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(h) the divisions of time, the geographical divisions of the world, and public festivals, fasts and holidays notified in the Official Gazette;
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(i) the territory of India;
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(j) the commencement, continuance and termination of hostilities between the Government of India and any other country or body of persons;
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(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;
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(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.
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