Section 56 in Indian Evidence Act 1872

Title: Fact judicially noticeable need not be proved

Description: No fact of which the Court will take judicial notice need be proved.

Title: Facts of which Court must take judicial notice

Description: The Court shall take judicial notice of the following facts:-- 1[(1) All laws in force in the territory of India;] (2) All public Acts passed or hereafter to be passed by Parliament 2[of the United Kingdom], and all local and personal Acts directed by Parliament 2[of the United Kingdom] to be judicially noticed; (3) Articles of War for 3the Indian Army 4[Navy or Air Force]; 5[(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 laws for the time being in force in a 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 6 [Courts in 7[India]] and of all Courts out of 7[India] established by the authority of 8 [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 authorized to use by 9[the Constitution or an Act of Parliament of the United Kingdom or an] Act or Regulation having the force of law in 7[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 10[any Official Gazette]; (8) The existence, title and national flag of every State or Sovereign recognized by 11[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 11[the Government of India]; (11) The commencement, continuance and termination of hostilities between 11[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 offices 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 12[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 judicial notice of any fact, it may refuse to do so unless and until such person produces any such book or document as it may consider necessary to enable it to do so. 1. Subs. by the A. O. 1950, for the clause (1). 2. Subs. by the A.O. 1950, for "the clause (2)". 3. Subs. ibid., for "her Majesty's". 4. Subs. by Act 10 of 1927, s. 2 and the First Schedule, for "or Navy". 5. Subs. by the A.O. 1950, for the Former para, (4). 6. Subs. by the A.O. 1948, for "Courts of British India". 7. Subs. by Act 3 of 1951, s. 3 and the Schedule, for "the States". 8. Subs. by the A.O. 1937, for "the G.G. or any L.G. in Council". 9. Subs. by the A.O. 1950, for "any Act of Parliament or other". 10. Subs. by the A.O. 1937, for "the Gazette of India or in the Official Gazette of any L.G.". 11. Subs. by the A.O. 1950, for "the British Crown". 12. Ins. by Act 18 of 1872, s. 5.

Title: Facts admitted need not be proved

Description: No fact need be proved in any proceeding which the parties thereto or their agents agree to admit at the hearing, or which, before the hearing, they agree to admit by any writing under their hands, or which by any rule of pleading in force at the time they are deemed to have admitted by their pleadings: Provided that the Court may, in its discretion, require the facts admitted to be proved otherwise than by such admissions.

Title: Proof of facts by oral evidence

Description: All facts, except the 1[contents of documents or electronic records], may be proved by oral evidence. 1. Subs. by Act 21 of 2000, s. 92 and the Second Schedule, "for Contents of documents" (w.e.f. 17-10-2000).

Title: Oral evidence must be direct

Description: Oral evidence must, in all cases, whatever, be direct; that is to say -- if it refers to a fact which could be seen, it must be the evidence of a witness who says he saw it; if it refers to a fact which could be heard, it must be the evidence of a witness who says he heard it; if it refers to a fact which could be perceived by any other sense or in any other manner, it must be the evidence of a witness who says he perceived it by that sense or in that manner; if it refers to an opinion or to the grounds on which that opinion is held, it must be the evidence of the person who holds that opinion on those grounds: Provided that the opinions of experts expressed in any treatise commonly offered for sale, and the grounds on which such opinions are held, may be proved by the production of such treatises if the author is dead or cannot be found; or has become incapable of giving evidence, or cannot be called as a witness without an amount of delay or expense which the Court regards as unreasonable: Provided also that, if oral evidence refers to the existence or condition of any material thing other than a document, the Court may, if it thinks fit, require the production of such material thing for its inspection.

PART 2 ON PROOF CHAPTER 3 FACTS WHICH NEED NOT BE PROVED