Indian Evidence Act- Facts need not be proved (Section 56-58)

Facts which need not be proved

Introduction

 

Section 5-55 dealt with relevancy of facts. Second part in evidence act deals with proof. You might have seen in Movies how important proofs are. You need solid proofs of whatever your claims are.

However some facts need not be proved. What are those facts which need not be proved?  Section 56 to 58 of Indian Evidence Act answers this question.

Section 56- Facts judicially noticeable need not be proved

 

Those facts which court is capable of taking judicial notice need not be proved. “Judicial Notice” mean recognition of those facts can be done by court without providing any additional proof.

 

Lord Stephan 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 formally taking evidence. These facts are said to be judicially noticed”

This section should be read with section 57 for better understanding.

 

Section 57- Facts of which court must take judicial notices

 

This section enumerates instances where court must take judicial notice of.

1)   All laws in force in the territory of India.

2)   All public Acts passed or hereafter to be passed by parliament,

3)   Articles of war for the Indian Army, Navy or Air Force.

4)   The course of proceeding of parliament, or any legislature established by legitimate body.

5)   Official seals

6)   The accession to office, names , function and signatures of the person filling for the time being an 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 State or Sovereign recognized 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 territories under the dominion of the Government of India

10)               The commencement , continuance and termination of hostilities between the Government of India and any other State or body of persons

11)               The names of members of the 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, vakil, pleaders and other persons authorized by law to appear or act before it.

12)               The rule of the road, land or sea

Section 58-Facts admitted need not be proved

 

You are owner and lent you home on rent. If tenant don’t pay you rent of six month, you go to court for recovery. In court tenant say he paid for 3 months but for 3 month it is not paid. In this case you don’t need to prove that there is rent agreement between you and tenant, you don’t need to prove that tenant is living in your home because this facts are automatically proved by admission of tenant.

Section 58 deals with same aspect. It states that facts which are admitted need not be proved.