Delhi APO 2005

Consider the following statements:

  1. The proceedings of the Parliament or State Legislatures of India are judicially noticeable facts
  2. Rules of the road on land or at sea are not judicially noticeable facts.
  3. Criminal law in force in India is judicially noticeable fact. Which of the statements given above is/are correct?
Verified Answer
A. 1 only
B. 2 and 3
C. 1, 2 and 3
D. 1 and 3

Explanation:

Statement 1 is correct: Section 57(4) of the Indian Evidence Act mandates judicial notice of the proceedings of Parliament and State Legislatures. Statement 2 is incorrect: Section 57(13) mandates judicial notice of all rules of the road, on land or at sea, meaning they *are* judicially noticeable. Statement 3 is correct: Section 57(1) mandates judicial notice of all laws in force in India, which includes criminal law. Thus, statements 1 and 3 are correct.