Introduction 

• The general rule is party to a suit is required to prove his cause before the court orally or by document in physical or electronic form. 
• The exception to this rule is given under Chapter III of Bharatiya Sakshaya Adhiniyam, 2023 (BSA) where parties are not needed to prove their facts such facts are presumed to be true. 
• Facts: Section 2 (f) of the BSA states that: 
  • Fact means and includes—  
    • Anything, state of things, or relation of things, capable of being perceived by the senses.  
    • Any mental condition of which any person is conscious.  

Facts which Need not to be Proved 

• Sections 51 to Section 53 of BSA state the provisions where facts need not need to be proved under chapter III. 

Facts Judicially Noticeable Need not be Proved: 

• Section 51 of the BSA states that there are facts which can be judicially noticed and need not to be proved.  
• The expression judicially noticeable means the acknowledgement by the court over a fact without its existence and truthfulness. 
• These facts are presumed to be in the knowledge of the judge and proving them would undermine the competency of the judge. 
• This can be further clearly understood with Section 52 of the BSA  

Facts of which Court shall take Judicial Notice (Section 52 of BSA): 

• The Court shall take judicial notice of the following facts, namely:  
  • All laws in force in the territory of India including laws having extra-territorial operation. 
  • International treaty, agreement or convention with country or countries by India, or decisions made by India at international associations or other bodies. 
  • The course of proceeding of the Constituent Assembly of India, of Parliament of India and of the State Legislatures. 
  • The seals of all Courts and Tribunals. 
  • The seals of Courts of Admiralty and Maritime Jurisdiction, Notaries Public, and all seals which any person is authorized to use by the Constitution, or by an Act of Parliament or State Legislatures, or Regulations having the force of law in India.  
  • 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 any Official Gazette. 
  • The existence, title and national flag of every country or sovereign recognized by the Government of India. 
  • The divisions of time, the geographical divisions of the world, and public festivals, fasts and holidays notified in the Official Gazette. 
  • The territory of India. 
  • The commencement, continuance and termination of hostilities between the Government of India and any other country or body of persons. 
  • 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 advocates and other persons authorized by law to appear or act before it. 
  • The rule of the road on land or at sea.  
• In the cases referred to in sub-section (1) 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 and 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. 

Facts Admitted Need not be Proved (Section 53 of BSA) 

• No fact needs to be proved in any proceeding which  
  • The parties or their agents agree to admit at the hearing. 
  • Before the hearing, they agree to admit by any writing under their hands. 
  • 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. 

Case Laws

• Onkar Nath & Ors. v. The Delhi Administration (1977): In the case the Supreme Court held that the list of facts of which the Court shall take Judicial notice under Section 56 to be read with Section 57 is non-exhaustive, and shall, therefore, depend upon the discretion of the Court and vary from case to case. 
• S. Nagarajan v. Vasantha Kumar & Anr.(1987): In this case the High Court held the accused guilty by taking judicial notice of circumstances as per section 57 of the Indian Evidence Act, 1872. 
• Subhash Maruti Avasare v. State of Maharashtra (2006): In this case a postmortem was conducted and the cause of death was deemed to result from 7 succumbed external injuries and 5 internal injuries. The Court in this case took the judicial notice of the facts and circumstances and held the accused petitioner guilty. 

Conclusion 

The facts noticeable by the courts need not be proved by the parties to the suit. For the purpose of conviction, the provision's gist is not enough, exact words to be asserted. When the facts are admitted by the parties need not to be proved such admissions also includes written admissions.