Section comparison

57. Facts of which Court must take judicial notice.––The Court shall take judicial notice of the following facts: –– 5 [(1) All laws in force in the territory of India;] 1. Ins. by Act 13 of 2013, s. 25 (w.e.f. 3-2-2013) 2. Subs. by Act 22 of 2018, s. 8, for “section 376A, section 376B, section 376C, section 376D” (w.e.f. 21-4-2018). 3. Subs. by Act 3 of 1891, s. 6 for “section 54”. 4. Ins. by s. 7, ibid. 5. Subs. by the A. O. 1950, for “the clause (1)”. 30 (2) All public Acts passed or hereafter to be passed by Parliament 1[of the United Kingdom], and all local and personal Acts directed by Parliament 1[of the United Kingdom] to be judicially noticed; (3) Articles of War for 2[the Indian] Army 3[Navy or Air Force] 4 [(4) The course of proceeding of Parliament of the United Kingdom, of the Constituent Assembly of India, of Parliament and of the legislatures established under any laws for the time being in force in a 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 5[Courts in 6[India]] and of all Courts out of 6[India] established by the authority of 7[the Central Government or the Crown Representative]; the seals of Courts of Admiralty and Maritime Jurisdiction and of Notaries Public, and all seals which any person is authorised to use by 8[the Constitution or an Act of Parliament of the United Kingdom or an] Act or Regulation having the force of law in 6[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 9 [any Official Gazette]; (8) The existence, title and national flag of every State or Sovereign recognised by 10[the Government of India]; (9) The divisions of time, the geographical divisions of the world, and public festivals, fasts and holidays notified in the Official Gazette; (10) The territories under the dominion of 10[the Government of India]; (11) The commencement, continuance and termination of hostilities between 10[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 authorised by law to appear or act before it; (13) The rule of the road 11[on land or at sea]. In all these cases 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. 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. 1. Subs. by the A.O. 1950, for “the clause (2)”. 2. Subs. ibid., for “her Majesty’s”. 3. Subs. by Act 10 of 1927, s. 2 and the First Schedule, for “or Navy”. 4. Subs. by the A.O. 1950, for the Former para. (4). 5. Subs. by the A.O. 1948, for “Courts of British India”. 6. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “the States”. 7. Subs. by the A.O. 1937, for “the G.G. or any L.G. in Council”. 8. Subs. by the A.O. 1950, for “any Act of Parliament or other”. 9. Subs. by the A.O. 1937, for “the Gazette of India or in the Official Gazette of any L.G.”. 10. Subs. by the A.O. 1950, for “the British Crown”. 11. Ins. by Act 18 of 1872, s. 5. 31

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; 26 (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.