judicial notice
Some facts are so well known or so authoritatively settled that the court takes notice of them without proof: the laws in force in India, the Constitution, public Acts, the course of proceedings of Parliament, the national flag, official seals, the divisions of time and the geographical divisions of the world, the commencement of hostilities, and similar matters. Facts judicially noticeable need not be proved.
The court may refer to books or documents to inform itself, and may refuse to take notice until the party calling for it produces such material. Judicial notice is different from a presumption: a presumption is drawn from proved facts and may be rebutted, while a judicially noticed fact is not proved at all.
Example
No evidence was needed to show that 15 August is Independence Day; the court took judicial notice of it.
In Indian law
- Sections 51 and 52, Bharatiya Sakshya Adhiniyam, 2023 (old ss.56 and 57 Evidence Act)
See also
presumption · evidence · fact in issue · burden of proof
Read more in the study notes
- Presumptions, judicial notice and presumption of legitimacy (Bharatiya Sakshya Adhiniyam)
- Facts which need not be proved, and oral evidence (sections 51 to 55) (Bharatiya Sakshya Adhiniyam)
- Suits by or against Government and public officers, aliens and foreign States, and suits on public matters (Civil Procedure Code and Limitation Act)