Facts of which Court must take judicial notice
AI Assist
Summary
Court takes judicial notice of certain public facts without proof: laws in force in India, official Acts and seals, public offices when appointment is notified in the Official Gazette, recognized States and their flags, divisions of time and geography, public festivals and holidays notified in the Gazette, start or end of hostilities, names of court officers, and the rule of the road. The Court may consult standard reference books and may refuse to notice a fact until a party produces the book or document it considers necessary.
Example
Ravi is a driver accused of driving on the wrong side. He asks the Court to accept the traffic rule as common knowledge. The Court takes judicial notice of the rule of the road, so Ravi need not formally prove the rule; the Court may still ask counsel to produce the traffic code or a reference book if it wants.
Bare Act
Enacted textThe 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 law 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 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 authorized 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 1any Official Gazette;
(8) The existence, title and national flag of every State or Sovereign recognized by 1the 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 1the Government of India;
(11) The commencement, continuance, and termination of hostilities between 1the Government of India and any other State of 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 or all advocates, attorneys, proctors, vakils pleaders and other persons authorized by law to appear or act before it;
(13) The rule of the road 1on 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.
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