Facts of which Court must take judicial notice
Section 57 of the Indian Evidence Act, 1872 deals with facts of which Court must take judicial notice. The 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 judicial 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 Repealed by section 170 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and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.
The 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 laws 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 of 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 [any Official Gazette];
(8) The existence, title and national flag of every State or Sovereign recognized by [the 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 [the Government of India];
(11) The commencement, continuance and termination of hostilities between [the Government of India] and any other State or body of persons;
(12) The names of the members and officers of the Court, and of their deputies and subordinate offices and assistants, and also of all officers acting in execution of its process, and of all advocates, attorneys, proctors, vakils, pleaders and other persons authorized by law to appear or act before it;
(13) The rule of the road [on 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.
Section 57, The Indian Evidence Act, 1872 (Act 1 of 1872).
Now in the Bharatiya Sakshya Adhiniyam
BSA 52 Facts of which Court shall take judicial notice Close, with changes 80%
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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… The learned counsel for the petitioners would further submit that advancing submissions relying on the report would not come within the scope of parliamentary privilege. O. Section 57(4) of the Indian Evidence Act 119. The learned counsel for the petitioners propound that under Section 57(4) of the Evidence Act, the parliamentary standing committee report can be judicially taken note of as such report comes within the ambit of the said provision. 120. To appreciate the stand, it is …
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… Learned counsel appearing for the Hindu parties also submits that travellers' account, which relates to the period prior to 1858 as well as after 1858, which are in form of published books are relevant and can be relied by the Court under Section 57 of Indian Evidence Act, 1872. Coming to the Gazetteers, learned counsel submits that Gazetteers are published work by Government authorities, which has substantial evidentiary value. It is submitted that Gazetteers have been relied by this Court in several cases and statements recorded in Gazetteers has to be …
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… Learned counsel appearing for the Hindu parties also submits that travellers' account, which relates to the period prior to 1858 as well as after 1858, which are in form of published books are relevant and can be relied by the Court under Section 57 of Indian Evidence Act, 1872. Coming to the Gazetteers, learned counsel submits that Gazetteers are published work by Government authorities, which has substantial evidentiary value. It is submitted that Gazetteers have been relied by this Court in several cases and statements recorded in Gazetteers has to be …
Questions about Section 57
What does Section 57 of the Indian Evidence Act deal with?
Section 57 of the Indian Evidence Act is headed "Facts of which Court must take judicial notice". The 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 judicial
How do I find court cases under Section 57 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 57, section 57 IEA, section 57 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 57 of the Indian Evidence Act, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BSA 52 (Facts of which Court shall take judicial notice), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 57 of the Indian Evidence Act come into force?
Section 57 of the Indian Evidence Act, cited as IEA 57, 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.