Indian Evidence Act, 1872Bharatiya Sakshya Adhiniyam, 2023

IEA 57BSA 52

Facts of which Court shall take judicial notice

Canonical: https://www.vakilpedia.com/iea-57-to-bsa

What changed

  • Paragraphs are numbered as subsections (1) and (2), and facts enumeration as (1) to (13) is replaced by alphabetic clauses (a) to (l), excluding (2), (3), and (5).
  • These exclusions remove colonial vestiges from the text.
  • A new clause (b) is newly added, mentioning "international treaty, agreement or convention with country or countries by India, or decisions made by India at the international associations or other bodies;".

Drafting-ready

Under Section 52 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 57 of the Indian Evidence Act, 1872)...

Bare act text — BSA 52

52. Facts of which Court shall take judicial notice.—(1) The Court shall take judicial notice of the following facts, namely:— (a) all laws in force in the territory of India including laws having extra-territorial operation; (b) international treaty, agreement or convention with country or countries by India, or decisions made by India at international associations or other bodies; (c) the course of proceeding of the Constituent Assembly of India, of Parliament of India and of the State Legislatures; (d) the seals of all Courts and Tribunals; (e) the seals of Courts of Admiralty and Maritime Jurisdiction, Notaries Public, and all seals which any person is authorised to use by the Constitution, or by an Act of Parliament or State Legislatures, or Regulations having the force of law in India; (f) 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 the ir appointment to such office is notified in any Official Gazette; (g) the existence, title and national flag of every country or sovereign recognised by the Government of India; 25 (h) the divisions of time, the geographical divisions of the world, and publi c festivals, fasts and holidays notified in the Official Gazette; (i) the territory of India; (j) the commencement, continuance and termination of hostilities between the Government of India and any other country or body of persons; (k) the names of the me mbers and officers of the Court and of their deputies and subordinate officers and assistants, and also of all officers acting in execution of its process, and of advocates and other persons authorised by law to appear or act before it; (l) the rule of the road on land or at sea. (2) In the cases referred to in sub -section ( 1) 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 and 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.

Frequently asked

What is IEA 57 equivalent in BSA?

IEA Section 57 (Facts of which Court shall take judicial notice) corresponds to Section 52 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA).

What changed between IEA 57 and BSA 52?

Paragraphs are numbered as subsections (1) and (2), and facts enumeration as (1) to (13) is replaced by alphabetic clauses (a) to (l), excluding (2), (3), and (5). These exclusions remove colonial vestiges from the text. A new clause (b) is newly added, mentioning "international treaty, agreement or convention with country or countries by India, or decisions made by India at the international associations or other bodies;".

How do I cite BSA 52 in a pleading?

Under Section 52 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 57 of the Indian Evidence Act, 1872)...

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