Judicial Notice Sections 56-58 Indian Evidence Act, 1872

In the realm of law, evidence plays a pivotal role in adjudicating disputes and ensuring justice. The Indian Evidence Act, 1872, stands as a cornerstone in regulating the process of evidence presentation and evaluation in Indian courts. Among its provisions, Sections 56 to 58 deal with a concept known as “Judicial Notice,” which constitutes an essential aspect of evidence law in India.

 
What is Judicial Notice?

It refers to the acceptance by the court of well-known facts without requiring formal proof. It allows courts to recognize and accept certain facts as true without the need for the parties to present evidence to prove them. The rationale behind this principle lies in the common knowledge or general awareness of certain facts within society or among professionals in specific fields.

 

Provisions under the Indian Evidence Act

 
Section 56: Facts judicially noticeable

Section 56 of the Indian Evidence Act, 1872, outlines the types of facts that courts can take judicial notice of. These include facts of common knowledge, facts which are capable of accurate and ready determination by reference to reliable sources, and facts that are beyond reasonable dispute.

 
Section 57: Facts of which Court must take judicial notice

Section 57 mandates courts to take judicial notice of certain facts. These include all laws enacted by the Parliament or the State Legislature, meaning thereby the courts are bound to know the law without requiring formal proof. Additionally, courts must also recognize certain other matters of general interest, like the existence of geographical features or the calendar.

 
Section 58: Facts admitted need not be proved

Under Section 58, facts admitted by the parties during the course of legal proceedings need not be proved. Once a fact is admitted by a party, it is treated as proven, and the court proceeds on that basis.

 
Application and Scope

The application of judicial notice is not unlimited. Courts must exercise caution and discretion in determining which facts are suitable for judicial notice. Factors such as the specificity of the fact, its relevance to the case, and its general acceptance within the relevant community or field are considered.

 
Common Instances of Judicial Notice

1. Legal Provisions: Courts routinely take judicial notice of laws and statutes, sparing the parties from the burden of proving their existence.

2. Geographical Facts: Matters such as the location of well-known landmarks, rivers, or mountains are often judicially noticed.

3. Scientific Principles: Courts may recognize established scientific principles or facts within specialized fields such as medicine or engineering.

4. Public Holidays: Dates of widely celebrated public holidays are judicially noticed.

5. Historical Events: Significant historical events that are widely known and accepted may be judicially noticed.

 
Challenges and Criticisms

While judicial notice expedites legal proceedings by avoiding the need for formal proof of certain facts, it is not without its challenges. One criticism is that what may be considered common knowledge in one community or profession may not be so in another. Moreover, there is a risk of judicial notice being misapplied or abused, leading to potential miscarriages of justice.

 
Conclusion

Judicial Notice, as provided under Sections 56-58 of the Indian Evidence Act, 1872, serves as a valuable tool in expediting legal proceedings and promoting efficiency in the administration of justice. By allowing courts to recognize certain facts without formal proof, it streamlines the adjudicatory process while ensuring fairness and equity. However, it is imperative for courts to exercise caution and discretion in determining the suitability of facts for judicial notice, thereby upholding the integrity of the legal system.

 
Book Recommended                  Check it Out
1- Principles of The Law of Evidence by Avtar Singh
98 thought on “Judicial Notice Sections 56-58 Indian Evidence Act, 1872”
  1. Awesome blog! Is your theme custom made or did you
    download it from somewhere? A theme like yours with a few simple tweeks would really make my blog shine.
    Please let me know where you got your design. Many thanks

  2. Whats up are using WordPress for your blog platform?
    I’m new to the blog world but I’m trying to get started
    and create my own. Do you need any html coding knowledge to make your own blog?
    Any help would be really appreciated!

  3. Definitely believe that which you said. Your favorite reason appeared to
    be on the internet the simplest thing to be aware of.
    I say to you, I definitely get irked while people think
    about worries that they plainly do not know about.
    You managed to hit the nail upon the top as well as defined
    out the whole thing without having side-effects , people can take
    a signal. Will likely be back to get more. Thanks

  4. Hmm is anyone else experiencing problems with the pictures on this blog
    loading? I’m trying to determine if its a problem on my end or if it’s the blog.
    Any feed-back would be greatly appreciated.

  5. Howdy! Someone in my Facebook group shared this site with us
    so I came to take a look. I’m definitely enjoying the information. I’m book-marking and will
    be tweeting this to my followers! Exceptional blog and excellent design.

  6. Generally I do not learn post on blogs, but I wish to say that this write-up very pressured
    me to check out and do it! Your writing taste has
    been amazed me. Thank you, very nice post.

  7. This design is steller! You obviously know how to keep a reader entertained.
    Between your wit and your videos, I was almost moved to
    start my own blog (well, almost…HaHa!) Wonderful job.
    I really loved what you had to say, and more than that, how you presented it.
    Too cool!

  8. I absolutely love your blog and find many
    of your post’s to be precisely what I’m looking for. Does one
    offer guest writers to write content for you personally?
    I wouldn’t mind writing a post or elaborating on many of the subjects you write with
    regards to here. Again, awesome blog!

  9. Thank you, I have recently been looking for information approximately this topic
    for a long time and yours is the greatest I’ve found out
    so far. However, what in regards to the bottom line? Are you certain about the
    source?

  10. I’m impressed, I have to admit. Seldom do I
    come across a blog that’s both equally educative and engaging, and let me tell you, you’ve hit the nail on the head.

    The issue is something not enough people are speaking intelligently about.
    I’m very happy I found this during my search for something regarding this.

  11. I am no longer sure the place you’re getting your information,
    however good topic. I needs to spend a while finding out more or working out more.
    Thanks for magnificent info I used to be in search of this information for my
    mission.

  12. You actually make it seem so easy with your presentation but I
    find this matter to be really something that I
    think I would never understand. It seems too complicated and very broad for me.

    I’m looking forward for your next post, I will try to get the
    hang of it!

  13. The other day, while I was at work, my cousin stole my iphone and
    tested to see if it can survive a 30 foot drop, just
    so she can be a youtube sensation. My apple ipad is now
    broken and she has 83 views. I know this is completely off topic
    but I had to share it with someone!

  14. I’m gone to tell my little brother, that he should also pay a
    quick visit this blog on regular basis to take updated from latest
    news update.

  15. I don’t know whether it’s just me or if everybody else experiencing
    problems with your blog. It looks like some of the written text on your posts are running off the screen. Can someone else please provide feedback and let me know if this is happening
    to them as well? This may be a issue with my internet browser
    because I’ve had this happen previously. Thank you

  16. What’s Going down i am new to this, I stumbled upon this I have discovered It positively
    helpful and it has helped me out loads. I am hoping to contribute & aid other customers like
    its helped me. Great job.

  17. Hey there would you mind stating which blog platform you’re working with?
    I’m looking to start my own blog soon but I’m having a tough time making a decision between BlogEngine/Wordpress/B2evolution and
    Drupal. The reason I ask is because your design and style seems different then most blogs and I’m looking for something completely unique.
    P.S Apologies for being off-topic but I had to ask!

  18. Hi, i feel that i saw you visited my blog so i came to return the favor?.I’m attempting
    to to find issues to improve my website!I guess its ok to make use of some of
    your ideas!!

  19. This is very interesting, You’re a very skilled blogger. I’ve joined
    your feed and look forward to seeking more of your great post.
    Also, I’ve shared your web site in my social networks!

  20. Hello it’s me, I am also visiting this web page daily, this web page is actually fastidious
    and the viewers are actually sharing nice thoughts.

  21. Thanks for the good writeup. It in truth was a enjoyment account
    it. Glance complex to far added agreeable from you! However, how can we
    keep in touch?

  22. You really make it seem so easy with your presentation but I find this topic to
    be actually something which I think I would never understand.
    It seems too complex and very broad for me. I’m looking forward for your next post, I will try to get the
    hang of it!

  23. Heya! I realize this is sort of off-topic however I needed
    to ask. Does operating a well-established blog like yours require a lot of work?
    I’m brand new to operating a blog however I do write in my
    journal everyday. I’d like to start a blog so I can share my personal experience and thoughts online.
    Please let me know if you have any kind of recommendations or tips for new aspiring bloggers.
    Appreciate it!

  24. Hey! I could have sworn I’ve been to this blog before but after reading through some of the
    post I realized it’s new to me. Anyways, I’m definitely delighted
    I found it and I’ll be book-marking and checking back often!

  25. Hello, I think your blog might be having browser compatibility
    issues. When I look at your blog in Ie, it looks fine but when opening in Internet
    Explorer, it has some overlapping. I just wanted to give you a quick heads up!

    Other then that, amazing blog!

  26. We absolutely love your blog and find a lot of your post’s to be exactly I’m looking for.
    Do you offer guest writers to write content for yourself?
    I wouldn’t mind producing a post or elaborating
    on some of the subjects you write about here. Again, awesome
    site!

  27. Pretty section of content. I just stumbled upon your site and in accession capital to assert that I get in fact enjoyed account your blog posts.
    Any way I will be subscribing to your feeds and even I achievement you access consistently rapidly.

  28. Hi there, i read your blog occasionally and i own a similar one and i was just wondering if you get a lot of spam responses?

    If so how do you protect against it, any plugin or anything you can suggest?

    I get so much lately it’s driving me mad so any assistance is very much appreciated.

  29. Thank you for some other informative site. The place else could I get that
    kind of information written in such a perfect manner? I’ve a mission that
    I am simply now running on, and I have been at the look out for such information.

  30. It’s really a cool and helpful piece of information. I’m happy that you just shared this useful
    info with us. Please stay us up to date like this.
    Thanks for sharing.

  31. Oh my goodness! Awesome article dude! Many thanks,
    However I am going through troubles with your RSS. I don’t know the reason why I am unable to join it.
    Is there anyone else having the same RSS issues? Anybody who knows the solution will you kindly respond?
    Thanks!!

  32. Thank you for every other informative site. Where else may just I get that type of info written in such an ideal means?

    I’ve a project that I’m simply now working on, and I have been at the glance
    out for such info.

  33. Howdy! I know this is kind of off topic but I was wondering if you knew
    where I could find a captcha plugin for my comment form?

    I’m using the same blog platform as yours and I’m having trouble finding one?
    Thanks a lot!

  34. Pretty nice post. I just stumbled upon your weblog and wanted to say
    that I’ve really enjoyed surfing around your blog posts. In any case I’ll
    be subscribing to your feed and I hope you write again very soon!

  35. hello!,I really like your writing very much! percentage we keep in touch extra about your
    post on AOL? I need a specialist in this house
    to unravel my problem. May be that’s you!

    Taking a look ahead to peer you.

  36. Hey there, I think your website might be having browser compatibility issues.
    When I look at your blog in Opera, it looks fine but when opening in Internet Explorer, it has some overlapping.

    I just wanted to give you a quick heads up! Other then that, excellent blog!

  37. Howdy! I’m at work browsing your blog from my new iphone!
    Just wanted to say I love reading your blog and look forward to all
    your posts! Carry on the superb work!

  38. Hello I am so glad I found your weblog, I really found you by error,
    while I was looking on Askjeeve for something else, Nonetheless I am here now and would
    just like to say many thanks for a marvelous post and
    a all round interesting blog (I also love the theme/design), I don’t have time to browse it all at the minute but I have book-marked it and also included your RSS
    feeds, so when I have time I will be back to read a lot more, Please do keep
    up the fantastic work.

  39. You are so cool! I don’t think I’ve truly read through something like this
    before. So good to find another person with some original thoughts on this topic.
    Seriously.. thank you for starting this up.
    This website is something that is required on the web, someone with
    a bit of originality!

  40. This design is steller! You obviously know how to keep a reader entertained.

    Between your wit and your videos, I was almost moved to start my own blog (well, almost…HaHa!) Great job.
    I really enjoyed what you had to say, and more than that, how you presented it.
    Too cool!

  41. Hello There. I found your blog using msn. This is a really well written article.
    I’ll be sure to bookmark it and return to read more of your useful
    info. Thanks for the post. I will definitely comeback.

  42. My family members every time say that I am killing my time here at web, except
    I know I am getting experience everyday by reading such pleasant posts.

  43. I know this if off topic but I’m looking into starting my
    own blog and was curious what all is needed to get set
    up? I’m assuming having a blog like yours would cost a pretty penny?

    I’m not very web smart so I’m not 100% positive. Any suggestions or advice would be greatly appreciated.
    Thank you

  44. Hey there just wanted to give you a quick heads up.
    The words in your article seem to be running off the screen in Safari.
    I’m not sure if this is a format issue or something
    to do with internet browser compatibility but I thought
    I’d post to let you know. The layout look great though!

    Hope you get the problem resolved soon. Thanks

  45. Thanks on your marvelous posting! I really enjoyed reading it,
    you’re a great author.I will always bookmark your blog and will often come back sometime soon. I want
    to encourage you to definitely continue your great writing,
    have a nice day!

  46. I am not sure where you’re getting your info, but good topic.
    I needs to spend a while studying much more or understanding more.
    Thanks for fantastic information I was in search of this info for my mission.

  47. What’s up to every one, the contents present at this site are really amazing for people experience, well, keep up the nice work fellows.

  48. Thanks for some other excellent post. Where else could anyone get that type of information in such a
    perfect approach of writing? I’ve a presentation next
    week, and I am at the search for such info.

  49. Hey! This is my first visit to your blog! We are a
    collection of volunteers and starting a new initiative in a community in the same niche.

    Your blog provided us valuable information to work on.
    You have done a outstanding job!

  50. Good day! Do you use Twitter? I’d like to follow you if that would be ok.
    I’m absolutely enjoying your blog and look forward to new updates.

  51. Wow that was odd. I just wrote an extremely long comment
    but after I clicked submit my comment didn’t show up.
    Grrrr… well I’m not writing all that over again.
    Anyway, just wanted to say fantastic blog!

  52. Thank you a lot for sharing this with all folks you
    actually realize what you are speaking about! Bookmarked.
    Please also consult with my site =). We may have a hyperlink change agreement among us

  53. Just wish to say your article is as amazing. The clarity for your publish is simply spectacular and i
    can think you are knowledgeable in this subject. Fine
    along with your permission allow me to grab your RSS
    feed to keep updated with imminent post. Thank you
    a million and please carry on the rewarding work.

  54. This design is spectacular! You obviously know how to keep a reader amused.
    Between your wit and your videos, I was almost moved to start my own blog (well,
    almost…HaHa!) Great job. I really enjoyed what you had to say, and
    more than that, how you presented it. Too cool!

  55. Hi there to every body, it’s my first visit of this
    weblog; this website includes awesome and genuinely good
    stuff in favor of visitors.

  56. I am really loving the theme/design of your site. Do you ever run into any browser compatibility problems?
    A few of my blog readers have complained about my website not operating correctly in Explorer but looks great in Safari.
    Do you have any recommendations to help fix this issue?

  57. I like the valuable info you provide on your articles.
    I will bookmark your blog and take a look at again here frequently.
    I’m reasonably certain I’ll be told plenty of new stuff right right here!
    Best of luck for the next!

  58. Definitely believe that which you said. Your favorite reason seemed to be on the web the simplest thing
    to be aware of. I say to you, I definitely get annoyed while people
    think about worries that they plainly do not know about.
    You managed to hit the nail upon the top and also defined out the whole thing without having
    side effect , people could take a signal.

    Will likely be back to get more. Thanks

Leave a Reply

Your email address will not be published. Required fields are marked *

7 Ways To Help Stop Global Warming