Section 52 Bharatiya Sakshya Adhiniyam, 2023: Facts of which Court shall take judicial notice

Section 52 of Bharatiya Sakshya Adhiniyam, 2023: Facts of which Court shall take judicial notice

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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 their 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;

(h) the divisions of time, the geographical divisions of the world, and public 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 members 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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Court Sec 2(1)(a) Document Sec 2(1)(b) Fact Sec 2(1)(d)

Legal Commentary & Landmark Judgments: Section 52

Section 52 enumerates the mandatory catalogue of facts of which the Court shall take judicial notice, including laws in force in India, legislative proceedings, sovereign seals, and geographical divisions.

Exhaustive Statutory Catalogue: Includes: all laws in force in India, public Acts of Parliament and State Legislatures, articles of war, sovereign seals, accessions of Heads of State, and divisions of time.
Geographical & Navigational Realities: Encompasses territories under the dominion of the Government of India, hostile states during wartime, and names of officers of the court.
Court Reference to Books & Documents: Empowers the judge to consult books of reference, official maps, and calendars to satisfy themselves regarding noticeable facts.

Key Landmark Precedents:

Union of India v. Nihar Kanta Sen (1987) 3 SCC 465: The Supreme Court affirmed that courts must take judicial notice of statutory notifications and government orders published in the official gazette under Section 57 IEA (Section 52 BSA).
State of Maharashtra v. Mayer Hans George (AIR 1965 SC 722): Held that FERA and RBI notifications published in the official gazette take effect immediately and are subject to mandatory judicial notice.

Courtroom Practice & Strategic Litigation Guidance:

When introducing government seals, public boundaries, or parliamentary proceedings, hand over authenticated government publications and request judicial notice under Section 52 without filing formal proof affidavits.