Discuss what are the facts which must be taken notice of and what are the facts which need not be proved as per Indian Evidence Act, 1872.

Question: Discuss what are the facts which must be taken notice of and what are the facts which need not be proved as per Indian Evidence Act, 1872. [UPJS 2023]

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Answer

The Indian Evidence Act, 1872, provides rules and guidelines regarding the admissibility and relevance of evidence in legal proceedings. It distinguishes between facts that need to be proved and facts that may be judicially noticed or do not require formal proof. The categories are listed below:

Facts that Must Be Proved:

Primary Facts: Primary facts are those facts that are directly related to the case and are the very foundation of the dispute. These facts must be proved by parties involved in the case. For example, in a criminal trial, the fact that the accused committed the alleged crime must be proved.

Disputed Facts: Facts that are in dispute between the parties must be proved by the party asserting them. In civil cases, for instance, if one party claims that a contract was breached, they must provide evidence to establish the breach.

Oral Evidence: Oral statements and testimonies must be proved through the testimony of witnesses, cross-examination, and other forms of evidence.

Expert Opinions: If expert opinions are introduced as evidence, the qualifications of the expert and the basis for their opinion must be established during the trial.

Facts that Need Not Be Proved:

Facts Judicially Noticed: Some facts are considered so well-known or universally acknowledged that the court can take judicial notice of them without requiring formal proof. These facts include scientific principles, geography, history, and commonly accepted facts. For example, the court may take judicial notice that the Earth revolves around the Sun.

Presumptions: The Indian Evidence Act includes certain presumptions that create a legal inference about certain facts. For example, Section 113A of the Act creates a presumption of abetment to suicide in cases involving a married woman's death by suicide within seven years of marriage.

Admissions: If a party to a case makes an admission against their own interest, it is accepted as a fact and does not need further proof. Admissions can be oral, written, or implied.

Documents Under Seal: Documents that are executed under seal, such as government documents and official certificates, are presumed to be genuine and do not require additional proof.

Judicial Notice of Law: Courts also take judicial notice of established legal principles, statutes, and precedents without requiring formal proof.

Foreign Law: When the content of foreign law is in question, the court may take judicial notice of it without requiring formal proof. However, the court may still accept evidence on foreign law if it is disputed.

a) Fact Judicially noticeable Need not be Proved (Section - 56)

No fact of which Court 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 the knowledge of the judge and any attempt to prove them would virtually be undermining the competence of the Court.

b) 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.

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