Fact judicially noticeable need not be proved
Section 56 of the Indian Evidence Act, 1872 deals with fact judicially noticeable need not be proved. No fact of which the Court will take judicial notice need be proved. The Act came into force on 01 Sep 1872. Repealed by section 170 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
No fact of which the Court will take judicial notice need be proved.
Section 56, The Indian Evidence Act, 1872 (Act 1 of 1872).
Now in the Bharatiya Sakshya Adhiniyam
BSA 51 Fact judicially noticeable need not be proved Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… It cannot be said that the acquired land fell in a rural belt and was undeveloped or untouched with no basic civic amenities available therein. The reference court after taking judicial notice under section 56 of the Indian Evidence Act, 1872 of applicable L&DO rates as well as rates of land applicable for conversion of leasehold into freehold determined value of land at Rs. 9254/- per square meter. Accordingly, the reference court awarded compensation at rate of Rs. 8840.76 per square yard (Rs. 7392/- per square meter) …
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… if the party appealing is able to persuade the Appellate Court that there was a valid reason for not submitting such evidence at the trial stage and the same has not been done and the conditions imposed under Order 41 Rule 27 of CPC has not been complied. It is also contended that he tried to take shelter under Section 56 of the Indian Evidence Act. In the instant case, there was ample opportunity to the respondent to produce these documents and mark the same in the original suit as exhibits as the judgment and decree was much prior to the institution of the present suit and hence they cannot be permitted to file the additional …
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… But he had filed the suit for the relief of permanent injunction in respect of entire land. 39. The Trial Court also while dismissing the suit, in paragraph 13, taken note of Ex.P2, P3, P4, P6 and P7 and taken note of the evidence given by the appellant in O.S.No.22/1993 and judicial notice was taken under Section 56 of the Indian Evidence Act and his admission is also extracted in paragraph 13 and taken note of the fact that the land has been converted as non-agricultural land in view of admission that in the year 1967 itself the property was converted and katha also changed. The Trial Court in detail discussed the material …
Questions about Section 56
What does Section 56 of the Indian Evidence Act deal with?
Section 56 of the Indian Evidence Act is headed "Fact judicially noticeable need not be proved". No fact of which the Court will take judicial notice need be proved.
How do I find court cases under Section 56 of the Indian Evidence Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IEA 56, section 56 IEA, section 56 of the Indian Evidence Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 56 of the Indian Evidence Act, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BSA 51 (Fact judicially noticeable need not be proved), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 56 of the Indian Evidence Act come into force?
Section 56 of the Indian Evidence Act, cited as IEA 56, came into force on 01 Sep 1872, having been enacted on 15 Mar 1872. It is no longer in force.
Other sections of this Act
- 32. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant1207 words
- 14. Facts showing existence of state of mind, or of body of bodily feeling1080 words
- 92. Exclusion of evidence of oral agreement809 words
- 8. Motive, preparation and previous or subsequent conduct773 words
- 65B. Admissibility of electronic records743 words
- 3. Interpretation-clause667 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item e51341fa-7528-4327-9a57-5d194e16db6f). This page is not a substitute for legal advice.