Facts of which Court shall take judicial notice.
What this section does
Section 52 lists the specific categories of facts of which the Court shall mandatorily take judicial notice, including all laws in force in India, international treaties entered into by India, proceedings of Parliament and State Legislatures, public seals, national flags of recognised countries, divisions of time, and the rule of the road, among others. The Court may consult appropriate books or documents of reference to aid it in taking such notice, and may require a party requesting judicial notice to produce such reference material.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
The rule in one line
The Court must take judicial notice of the enumerated categories of facts (laws, treaties, parliamentary proceedings, public seals, etc.) and may consult reference books for public history, literature, science or art.
When it applies
- A court takes judicial notice of an international convention signed by India without requiring a party to formally prove its existence.
- The Court takes judicial notice of the name and signature of a person holding a public office notified in the Official Gazette, without requiring proof.
Derived from IEA s.57.
Read the official text
For the binding statutory text of BSA Section 52, refer to the Gazette of India or the India Code official website.
Why this matters
BSA Section 52 forms part of Bharatiya Sakshya Adhiniyam which replaced the Indian Evidence Act 1872 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.