The Indian Evidence Act, 1872, provides certain exceptions to the general rule that facts in issue or relevant facts must be proved by evidence. These exceptions include facts that need not be proved.
Judicial Notice (Section 57)
The court may take judicial notice of certain facts that are well-known, generally accepted, or easily verifiable without the need for formal proof. These facts are often of a public and general nature. For example, the court may take judicial notice of the calendar, geography, and official government documents.
Facts Admitted (Section 58)
Facts that are admitted by a party to the case need not be proved. When a party accepts a fact as true, it is treated as proven.
Public Documents (Sections 74-75)
Public documents, including government records and official publications, are presumed to be genuine, and their contents need not be proved. These documents are considered self-authenticating.
Private Documents (Sections 78-79)
Private documents, such as deeds, contracts, or wills, are presumed to be genuine, but their execution may need to be proved. However, their contents need not be proved if they are produced from proper custody.
Entries in Official Records (Sections 35 and 114)
Entries made in official registers or documents are generally presumed to be accurate, and their contents need not be proved. This rule applies to entries made by public officials in the discharge of their duties.
Expert Opinions (Sections 45 and 51)
Expert opinions on certain subjects, such as the existence of handwriting or the cause of death, are admissible without the need to prove the qualifications of the expert.
Admissions in Civil Cases (Sections 21 and 31)
Statements made by a party to a case that are against their interest are treated as admissions, and they need not be proved by formal evidence.
Family Customs (Section 50)
Family customs and traditions need not be proved unless they are special customs that vary from the general law.
Secondary Evidence (Sections 63-74)
When primary evidence, such as the original document, is not available, secondary evidence may be used to prove facts. Secondary evidence includes certified copies, oral accounts, and other forms of evidence that do not require proving the original document’s existence.
Facts of which the Court must take judicial notice
According to Section 57 of the Indian Evidence Act, 1872, the Court shall judicially notice the following facts:
- All existing laws within the territory of India;
- All previously enacted legislations or future legislations made by the UK Parliament, and all local and personal legislations made under its direction;
- Articles of war for the Indian Army, or Navy, or Airforce;
This refers to the Articles contained in the Army Act (XLVI of 1950), for soldiers, officers, etc.
The Parliamentary proceedings of the United Kingdom, the Indian Constituent Assembly, and any other provincial or State Legislature;
This refers to all legislative and other proceedings by the Parliament of the United Kingdom. Indian Constituent Assembly referred to the Central Legislature of the British India, however, subsequent to Independence it refers to the legislative and other proceedings held in the Upper House and the Lower House of the Parliament. The provincial or the State Legislatures refer to the Legislative Assemblies located in all the States constituting the Union of India. For Eg: the State of West Bengal, Andhra Pradesh, Maharashtra, etc.
- The accession and the sign manual of the existing Sovereign of the United Kingdom and Ireland;
Accession refers to the attainment or acquisition of a position of rank or power; and Sign Manual is the signature of the Sovereign, by affixation of which it expresses its pleasure either by order, or commission, or warrant. Here the Sovereign refers to the King or Queen of the United Kingdom.
- The Seals of all the Indian Courts, the seals of all the Courts outside India established under the jurisdiction of the Central Government or the Representative of the Crown, the Seals of the Admiralty Courts and of Public Notaries, and all other seals which any person is authorized of using under the Constitution or a Parliamentary Act of the U.K. or an Act or Regulation having a legal operation in India;
- The accession to office, names, titles, functions, and signatures of the persons occupying any public office, in any state, if the fact of their appointment has been declared by notification in the Official Gazette;
- The recognition of the existence, title, and national flag of every State or Sovereign by the Government of India;
- The time divisions, the geographical divisions of the world, public festivals, facts and holidays which are promulgated by notification in the Official Gazette;
- The territories which are located under the paramountcy of the Government of India;
- Any “notification” related to commencement, continuance, and termination of animosity between any other State or body of persons and the Government of India;
In simpler words, any declaration by the Government of India in relation to the beginning of hostility, continuation of hostility, and end of such hostility. For Eg: Declaration of War, continuation of war, and end of war.
- The identity of the judicial officers and members, including their deputies, subordinate officers, assistants, including all the officers acting towards executing the judicial process. Also of all the advocates, the attorneys, the proctors, the vakils, the pleaders and other persons legally authorized to appear or act before the Court;
- The rule of the road, either at land or at sea.
In case of road, the horses and all other forms of vehicle should keep to the left side of the road. At sea, it is the rule that ships and steamboats, on coming across, shold port their helms for passing on the port or left side of each other; steam boats should stay away from the route of sailing ships; and every vessel, while overtaking another vessel should stay away from its way.
In all these cases, including all matters related to public history, literature, science or art, the Court may refer to appropriate books or documents.
On being called upon to take judicial cognizance by any person, the Court may refuse to do so unless and until that person produces any such book or document which it may consider necessary to enable it to do so.
Omkar Nath vs. Delhi Administration
Citation: AIR 1977 SC 1108
Date of Judgment: May 6, 1977
Background: This case involved a constitutional and legal challenge related to the Delhi Rent Control Act, 1958. The main issue in the case was the validity of certain provisions of the Act, particularly Section 14(1)(e), which dealt with the eviction of tenants for non-residential purposes. The petitioner, Omkar Nath, challenged the constitutional validity of this section on the grounds that it violated Article 14 (equality before the law) and Article 19(1)(g) (right to practice any profession, trade, or business) of the Indian Constitution.
Judgment: The Supreme Court, in its judgment, upheld the constitutional validity of Section 14(1)(e) of the Delhi Rent Control Act, 1958. The court found that the classification of tenants for non-residential purposes was reasonable and did not violate the right to equality under Article 14. It also held that the restriction imposed by the section was in the interest of the general public and, therefore, was a reasonable restriction on the right to practice any profession, trade, or business under Article 19(1)(g). The court dismissed the petitioner’s challenge.
This case is significant because it addressed the delicate balance between property rights and tenant protection under rent control laws, as well as the constitutionality of specific provisions within those laws.
Facts admitted need not be proved
According to Section 58, no fact requires to be proved in any suit which the parties to the suit, or their agents agree of admission at the hearing, or which they agree to admit in writing, prior to the hearing or which they under any existing rule of pleading are deemed to have been admitted through their pleadings.
Thus, this Section contains three circumstances:
- Facts which the parties to the suit or their agents agree to admit at the hearing.
- Facts which the parties to the suit or their agents agree to admit, prior to the hearing, in writing.
- Facts deemed to be already admitted by the parties to the suit through pleadings.
Case Laws on section 58 Indian Evidence Act
| Case Name | Relevant Principles |
|---|---|
| State of Punjab v. Gurdial Singh (1980) | – Courts can take judicial notice of historical facts, laws in force, and established customs. |
| Kandukuri Bhimeswara Rao v. Kandukuri Koteswaramma (2000) | – Courts can take notice of public documents, official gazettes, and published reports without formal proof. |
| Central Inland Water Transport Corporation Ltd. v. Brojo Nath Ganguly (1986) | – The court’s ability to take judicial notice of well-established facts is emphasized. |
| Sheo Prasad Singh v. State of Bihar (2013) | – Courts can take notice of general geographical and historical facts without requiring formal proof. |
