Section 57 of the Evidence Act, 1872—Facts of which Court must take judicial notice.—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 the United 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 or Air Force;
(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 law for the time being in force in a Province or in the State;
(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 seats of which English Courts take judicial notice: the seals of all the Courts in India, and all Courts out of India established by the authority of 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 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 filing 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 recognised by 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 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.
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 person judicial notice of any fact, it may refuse to do so, unless and until such person producers any such book or document as it may consider necessary to enable it to do so.
Custom: Scope
When a custom has been repeatedly recognised by courts, it is blended into the law of the land and proof of the same would become unnecessary under section 57 of the Act;
Atluri Brahmanandam v. Anne Sai Bapuji, JT 2010 (12) SC 441: (2010) 12 SCALE 157: 2010 (7) SUPREME 868.
What court may take judicial notice
Court may take judicial notice of widespread malaise of illegal immigration and exploitation of young-ones by unauthorized recruiting agents;
M.D.K. Immigration Consultant, Chandigarh v. Union of India, 2000 Cr. L J 252 (P & H).
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