Section 52 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 52 of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act, 2023) outlines the facts that a court shall take judicial notice of, meaning facts that the court recognizes without requiring proof. This provision ensures that certain facts are accepted as established, streamlining legal proceedings and focusing on contested issues.
🧾 Section 52: Facts of Which Court Shall Take Judicial Notice
Subsection (1) specifies the facts that the court must recognize:
All laws in force in India, including those with extraterritorial application.
International treaties, agreements, or conventions entered into by India, and decisions made by India in international forums.
Proceedings of the Constituent Assembly of India, Parliament of India, and State Legislatures.
Seals of all courts and tribunals, including those of Admiralty and Maritime Jurisdiction, Notaries Public, and other authorized seals.
Accession to office, names, titles, functions, and signatures of individuals holding public office, as notified in the Official Gazette.
Existence, title, and national flag of every country or sovereign recognized by the Government of India.
Divisions of time, geographical divisions of the world, and public festivals, fasts, and holidays notified in the Official Gazette.
Territory of India.
Commencement, continuance, and termination of hostilities between the Government of India and any other country or body of persons.
Names of members and officers of the court, their deputies, subordinate officers, assistants, and all officers executing its processes, as well as advocates and other persons authorized to appear before it.
Rules of the road on land or at sea.(mynation.net, vidhiadda.com)
Subsection (2) allows the court to refer to appropriate books or documents of reference for matters of public history, literature, science, or art. The court may refuse to take judicial notice unless such materials are produced by the party requesting it.(vidhiadda.com)
⚖️ Significance of Section 52
This section streamlines legal proceedings by establishing certain facts as universally recognized, thereby reducing the need for proof in every case. It ensures consistency and efficiency in the judicial process. However, the court retains discretion to require proof for specific matters, maintaining the balance between judicial notice and the need for evidence.
RELATED Blog
0 comments