Section 114 of the Bharatiya Nyaya Sanhita (BNS), 2023
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⚖️ Section 114 — Bharatiya Nyaya Sanhita (BNS), 2023
Title: Judicial notice of facts of common knowledge
What does Section 114 mean?
Courts do not require formal proof of facts that are commonly known or generally accepted by people.
Such facts are taken as true without needing evidence.
Breaking it down:
1. What are facts of common knowledge?
Things generally known by people in the community or society.
For example:
The sun rises in the east.
Water freezes at 0°C.
Public holidays like Independence Day.
2. Why does the court take judicial notice of these?
To save time and avoid unnecessary proof.
Courts rely on common sense and shared knowledge.
3. How is this used in court?
If a party tries to prove something obvious, the court may refuse and say it is “judicially noticeable.”
The court accepts it as true without demanding evidence.
Example:
If someone tries to prove that the sun rises every morning, the court will say, “No need to prove; it’s common knowledge.”
Purpose of this section:
Makes legal proceedings efficient.
Avoids wasting time on facts everyone knows.
Helps judges focus on disputed facts needing evidence.
Quick summary:
| Element | Explanation |
|---|---|
| Judicial notice | Court accepts fact without evidence |
| Fact type | Common knowledge/general acceptance |
| Result | No need to prove such facts |
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