Home » Law of Evidence » The provisions regarding Facts which need not be proved
The provisions regarding Facts which need not be proved
1) Introduction -
It is a general rule that , the party to the suit must prove his case by producing oral or documentary evidence. Part II of the Indian Evidence Act deals with the manner in which facts received in evidence under Part I May be given in evidence. The party who wishes the Court to believe in the existence of a fact, must prove it. However, exceptions to this general rule are provided under Chapter III of the Indian Evidence Act.
Chapter III containing Section 56 to 58 of the Indian Evidence Act , lays down the provisions relating to facts which need not be proved. Section 56 says that facts in respect of which Court must take judicial notice need not be proved.
2) Fact Judicially noticeable Need not be Proved (Section - 56)
No fact of which Cort will take judicial notice need be proved.
Section 56 thus provides that the facts which the court is capable of taking judicial notice need not be proved. " Judicial notice " signifies notice on recognition of the truth of the facts taken by a judge without requiring proof by any evidence. Judicial notice is the cognizance taken by the Court itself of certain matters which are so notorious or clearly established that evidence of their existence is deemed unnecessary. The very obvious reason is that such facts are supposed to be within a knowledge of the judge and any attempt to prove them would virtually be undermining the competence of the Court.
Lord Stephen observes in his introduction, " that certain facts are so notorious in themselves or are stated in so authentic manner in well known and accessible publications that they require no proof. The court, if it does not know them, can inform itself upon them without formerly taking evidence. These facts are said to be judicially noticed."
In order to understand the correct meaning of Section 56 and 57 they should be taken together. Section 56 Lays down that when a fact, which is relevant in a case, is of such a nature that the court must take judicial notice of it, no evidence in proof of it should be given. Section 57 gives a list of facts of which the Courts must take judicial notice.
3) Facts of which must take Judicial Notice (Section - 57)
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 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 of Air force;
4. The course of proceeding of parliament of the United Kingdom, of the Constituent Assembly of India, of Parliament and of the Legislature established under any law for the time being in force in 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 off Court 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, facts 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 officers 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 report 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.
4) Effect of Judicial Notice
Judicial notice is not conclusive proof of facts judicially noticed. Matters may be disproved even after they are taken judicial notice of.
5) Comparison of Section 57 and Section 114 -
Section 57 of the Evidence Act makes it obligatory on the part of the Court to take judicial notice of the facts mention in it. There is nothing in Section 57 to indicate that the Court cannot take judicial notice of the facts, regard had to the common course of nature of events, human conduct and public and private businesses in their relation to the fact of the particular case. The provisions under section 114 do not make it obligatory on the part of the Court to take judicial notice of any fact, but empowers the Court to take judicial notice of those facts which the court may presume to have happened regard been had to common course of natural event ,human conduct and public and private business in relation to fact of particular case.
6) Facts Admitted need not be proved (Section - 58)
This Section lays down a principle that , what is admitted need not be proved. The Court has to try the questions on which the parties are at issue, not those on which they have agreed. These Admissions are said to be formal admission or judicial admissions has given during trial, either at or before the hearing.
Section runs as follows
No fact need be proved in any proceeding, which the parties thereto or their agents agree to admit at the hearing, or which, before the hearing, they agree to admit by any writing under their hands or which by any rule of pleading in force at the time they are deemed to have admitted by their pleadings;
Provided that the Court may, in its discretion, require the facts admitted to be proved otherwise than by such admission.
Section 58 classifies the judicial admissions, which require no proof into the following :
1. facts which parties or their agents agree to admit at the hearing.
2. facts which before the hearing they agree to admit in writing.
3. facts which they are deemed , to have admitted by rules of pleadings.
7) Conclusion
The general rule is that every fact on which a party realise must be proved Either by oral or documentary evidence. However, this general rule is subject to following three exceptions
1) Facts of which is the court takes judicial notice (Section 57).
2) Facts admitted (Section 58)
3) Facts which the law presume in favor of a party and need not be proved .
Labels: Law of Evidence
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