Home > Bharatiya Sakshya Adhiniyam, 2023 > Section 52

Section 52 BSA 2023: Facts of Which Court Shall Take Judicial Notice

Section 52 of the Bharatiya Sakshya Adhiniyam, 2023 specifies facts that a Court must recognise without requiring formal proof and explains when the Court may use appropriate reference books or documents.

Law: Bharatiya Sakshya Adhiniyam, 2023 Act: No. 47 of 2023 Effective: 1 July 2024 Updated: 13 September 2026

Section 52 at a Glance

  • Section 52 is in Chapter III, dealing with facts which need not be proved.
  • Sub-section (1) lists categories of facts of which the Court shall take judicial notice.
  • These include laws in force in India, specified official and constitutional matters, notified public offices and holidays, the territory of India, hostilities and certain Court-related facts.
  • Sub-section (2) permits the Court to consult appropriate books or reference documents for the listed matters and for matters of public history, literature, science or art.
  • If a party asks the Court to take judicial notice, the Court may require that party to produce a reference book or document considered necessary.

Meaning of Judicial Notice

Judicial notice is the recognition by a Court of a fact without requiring the fact to be proved through the ordinary process of evidence. The rule avoids unnecessary proof of matters that the law directs the Court to recognise or that can properly be verified from authoritative reference material.

Section 51 of the BSA states that no fact of which the Court will take judicial notice need be proved. Section 52 identifies the principal categories of facts that fall within this rule.

Section 52 - Statutory Text

52. Facts of which Court shall take judicial notice.

(1) The Court shall take judicial notice of the following facts, namely:-

  1. all laws in force in the territory of India including laws having extra-territorial operation;
  2. international treaty, agreement or convention with country or countries by India, or decisions made by India at international associations or other bodies;
  3. the course of proceeding of the Constituent Assembly of India, of Parliament of India and of the State Legislatures;
  4. the seals of all Courts and Tribunals;
  5. 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;
  6. 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;
  7. the existence, title and national flag of every country or sovereign recognised by the Government of India;
  8. the divisions of time, the geographical divisions of the world, and public festivals, fasts and holidays notified in the Official Gazette;
  9. the territory of India;
  10. the commencement, continuance and termination of hostilities between the Government of India and any other country or body of persons;
  11. 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;
  12. 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.

What Facts Must the Court Judicially Notice?

Clause Category Practical meaning
(a) Laws in force The Court need not require ordinary evidentiary proof of laws in force in India, including laws with extra-territorial operation.
(b) International instruments and decisions Covers treaties, agreements or conventions involving India and decisions made by India at international associations or other bodies.
(c) Legislative proceedings Includes proceedings of the Constituent Assembly, Parliament and State Legislatures.
(d)-(e) Official seals Includes seals of Courts, Tribunals, specified maritime Courts, Notaries Public and seals authorised by law.
(f) Notified public offices Applies to specified particulars of persons holding public office when the appointment is notified in the Official Gazette.
(g)-(j) Sovereigns, time, geography and hostilities Covers recognised countries and flags, notified festivals and holidays, the territory of India, and the commencement, continuance and termination of hostilities.
(k) Court personnel and authorised persons Covers Court members, officers, deputies, subordinate staff, process officers, advocates and other persons authorised to appear or act.
(l) Rule of the road The Court shall take judicial notice of the rule of the road on land or at sea.

How Section 52(2) Works

Sub-section (2) recognises that judicial notice does not prevent verification. For matters listed in sub-section (1), and for matters of public history, literature, science or art, the Court may consult appropriate books or documents of reference.

A party asking the Court to take judicial notice should therefore be prepared to place an authoritative reference before the Court when the fact is not immediately ascertainable. The Court may decline to take judicial notice until the material it considers necessary is produced.

Relationship Between Sections 51, 52 and 53 BSA

Sections 51 to 53 form part of Chapter III of the BSA, titled "Facts Which Need Not Be Proved." Section 51 states the general rule that judicially noticeable facts need not be proved. Section 52 identifies facts of which judicial notice shall be taken and permits use of reference materials. Section 53 separately deals with facts admitted by the parties.

Section 52 BSA and the Earlier Evidence Act

Section 52 of the Bharatiya Sakshya Adhiniyam, 2023 broadly occupies the field previously addressed by Section 57 of the Indian Evidence Act, 1872. For proceedings governed by the BSA, practitioners should rely on the current statutory text and also consider the commencement and saving provisions when dealing with proceedings that began before the new law came into force.

Important: The Bharatiya Sakshya Adhiniyam, 2023 came into force on 1 July 2024. Always verify the applicable law, commencement provisions and later amendments or binding judicial decisions before relying on a provision in a specific proceeding.

Related BSA Sections

This page is intended for general legal information. For a case-specific issue, the current statutory text, applicable notifications and binding judgments should be checked.