Section 252 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 252 – BSA 2023 (Power of Court to Take Judicial Notice)
1. Purpose of Section 252
Section 252 empowers the court to take judicial notice of certain facts without requiring formal evidence.
The purpose is to simplify proceedings, save time, and avoid unnecessary proof for facts that are widely known or capable of easy verification.
2. Main Rule
Courts may recognize facts as true without formal proof if:
They are so well known that they cannot reasonably be disputed, or
They are capable of being accurately and readily determined from sources whose accuracy cannot reasonably be questioned.
Such facts are said to be judicially noticed, and the court accepts them as established.
3. Types of Facts that Can Be Judicially Noticed
Section 252 allows judicial notice for facts such as:
Facts of common knowledge
Example: Geographical facts, well-known historical events, public holidays, or sunrise/sunset timings.
Facts capable of ready verification
Example: Official government notifications, gazette publications, statistics from recognized sources, or technical standards.
Facts related to law
Courts can take notice of statutes, rules, regulations, and published judicial decisions without requiring formal proof.
4. Procedure
Court Discretion: The court decides whether to take judicial notice of a fact.
Opportunity to Contest: Parties are usually allowed to object or provide contrary evidence if they believe the fact is not accurate.
Recording: The court records the fact taken judicial notice of in its proceedings or judgment.
5. Legal Significance
Reduces burden of proof: No need to produce evidence for facts that are universally known or easily verifiable.
Speeds up proceedings: Avoids wasting time on uncontested or obvious facts.
Increases judicial efficiency: Courts can focus on disputed facts that actually need evidence.
Ensures fairness: Parties are given notice and opportunity to contest the facts if needed.
6. Illustrations (Practical Examples)
Geographical Fact:
The court may take judicial notice that “New Delhi is the capital of India” without requiring a party to prove it.
Historical Fact:
The court may recognize “India became independent on 15th August 1947” without producing evidence.
Government Notification:
If a gazette notification declares a public holiday, the court can take notice of it without formal proof.
Law and Regulations:
The court can notice that a law or regulation exists, for example, provisions of the Income Tax Act, without parties submitting certified copies.
7. Exceptions or Limitations
Judicial notice cannot be used for disputed facts or matters that are controversial or uncertain.
It does not relieve parties from proving facts that are essential to their case but are not commonly known.
Parties may challenge judicial notice by presenting evidence to the contrary.
8. Comparison with Traditional Evidence
Traditional evidence requires witness testimony, documents, or expert proof.
Judicial notice allows courts to accept certain facts directly without formal proof, streamlining legal proceedings.
9. Summary Table
| Feature | Section 252 – BSA 2023 |
|---|---|
| Purpose | Court may recognize facts without formal proof |
| Applicable Facts | Facts of common knowledge, facts easily verifiable, published laws or regulations |
| Procedure | Court discretion; parties may object; fact is recorded |
| Effect | Reduces burden of proof and speeds up proceedings |
| Limitations | Cannot be used for disputed or uncertain facts |
In short:
Section 252 allows courts to officially accept widely known or easily verifiable facts without requiring evidence, improving efficiency while ensuring fairness by letting parties challenge the fact if needed.
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