Facts Which Need Not Be Proved MCQ Quiz - Objective Question with Answer for Facts Which Need Not Be Proved - Download Free PDF

The correct answer is need not to be proved

Key Points

• Section 56 of the Indian Evidence Act, 1872, deals with facts that need not be proved—specifically, facts of which the Court shall take judicial notice.
• What is Judicial Notice?
  • Judicial notice is the act of a court recognizing certain facts as universally accepted or already known, without requiring any formal proof.
• Examples of Judicial Notice:
  • Existence of laws in force in India.
  • Matters of public history.
  • Official seals, national flag.
  • Commonly known geographical facts.
• Purpose:
  • To save time and avoid redundancy in legal proceedings by not requiring proof of facts that are universally acknowledged or easily verifiable by reference.
  • Section 57 further expands on the types of facts the court shall take judicial notice of (like laws, public festivals, territories, etc.).

Additional Information 

• Option 1. Need to be proved: Incorrect – This defeats the very purpose of judicial notice.
• Option 2. Is optional to be proved: Incorrect – Judicial notice removes the need for proof altogether; it’s not optional.
• Option 4. Is better to be proved: Incorrect – This unnecessarily burdens the process; judicially noticed facts are exempt from proof.

The correct answer is To recognise without proof something as existing

Key Points

• Judicial notice means the court accepts certain facts as true without requiring formal proof or evidence.
• Under Sections 56 and 57 of the Indian Evidence Act, 1872, the court must or may take judicial notice of certain facts which are common knowledge or easily verifiable.
• Purpose:It helps to save time and judicial resources by not requiring evidence for facts that are already universally accepted or obvious.
• Example: The court can take judicial notice of geographical facts, public holidays, laws in force, or existence of states and cities.
• Effect:When judicial notice is taken, the parties cannot demand or offer evidence to prove the said fact.

Additional Information

• Notice given by the court: This refers to procedural or formal notices, not the concept of accepting facts without evidence.
• Information given to the court:This refers to evidence or pleadings submitted by parties, unlike judicial notice which is independent court recognition.
• To ask for evidence: Judicial notice means the opposite — no evidence is required for recognized facts.

The correct answer is Option 3.

Key PointsSection 58 of the Indian Evidence Act:  
Facts admitted need not be proved.––
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.

The correct answer is Option 3.

Key Points Under the Indian Evidence Act, 1872, the general rule is that facts in issue and relevant facts must be proved by oral or documentary evidence (Sections 3, 59, 61, etc.).

However, there are exceptions where proof is not required:

✅ Section 56 to 58 – Facts which do not require proof:

• Section 56: Facts judicially noticeable need not be proved.

• Section 57: Courts may take judicial notice of facts like laws, customs, public matters.

• Section 58: Admitted facts need not be proved.

The correct answer is Section 63

Key Points Section 63 – Secondary Evidence (Indian Evidence Act, 1872):
Secondary evidence refers to evidence that is not the original document but serves as proof of its contents.

It includes:

• Certified copies as provided under the law.
• Copies produced through mechanical processes ensuring accuracy, and copies compared with such mechanically produced copies.
• Copies made from or compared with the original document.
• Counterparts of documents, admissible against parties who did not execute them.
• Oral accounts of a document’s contents given by a person who has seen the original.

Illustrations:

• A photograph of an original document is secondary evidence if proven that the original was photographed.
• A copy made by a copying machine and later compared with another copy is secondary evidence if shown to be derived from the original.

The correct option is Option 4.

Key Points

• Secondary Evidence
  • Section 63 of the Indian Evidence Act defines the term "Secondary Evidence".
  • Secondary evidence includes- 
    • Certified copies given under the provisions hereinafter contained.
    • Copies made from the original by mechanical processes which in themselves ensure the accuracy of the copy and copies compared with such copies.
    • Copies made from or compared with the original.
    • Counterparts of documents against the parties who did not execute them.
    • Oral accounts of the contents of a document given by some person who has seen it.
• Illustrations:-
• An original photograph is secondary evidence of its contents though the two have not been compared, if it is proved that the thing photographed was the original.
• A copy of a letter made by a copying machine is secondary evidence of the contents of the letter if it is shown that the copy made by the copying machine was made from the original.
• A copy transcribed from a copy, but afterwards compared with the original is secondary evidence but the copy not so compared is not secondary evidence of the original, although the copy from which it was transcribed was compared with the original.
• Neither an oral account of a copy compared with the original nor an oral account of a photograph or machine copy of the original is secondary evidence of the original.

The correct answer is option 1.Key Points

•  Certified copies of public documents, as stated earlier, are typically considered self-authenticating. These documents are authenticated by a public officer who certifies them to be true copies of the original records. Due to their official nature and the certification provided, certified copies of public documents are generally admissible in court without further formal proof. They carry a presumption of authenticity because they are certified by a public officer, and this certification serves as evidence of their genuineness.

• Reports issued by government scientists after chemical or serological examination: While these reports are issued by government experts, their admission may still require formal proof, such as testimony from the scientist who conducted the examination, to establish the accuracy and reliability of the findings.

• Reports issued by government handwriting experts: Similar to reports from government scientists, reports from handwriting experts may necessitate formal proof to establish the credibility of the comparison and analysis conducted.

• Documents admitted by the opposite party: While documents admitted by the opposing party may carry weight as evidence, their admission into evidence does not necessarily negate the need for formal proof if there are doubts about their authenticity or relevance.

The correct answer is Option 4.

Key Points

• The information provided by the accused, stating that the key used to open the safe and commit theft is kept in the patio of his house, can be proved to the extent of determining the location of the key. This information can be corroborated by conducting a search at the accused's residence to locate the key and establish its connection to the theft incident. If the key is found in the patio as mentioned by the accused, it can serve as evidence linking him to the crime of theft. 

Additional Information

•  According to Section 27 of IEA,  when any fact is deposed to as discovered in consequence of information received from a person "accused of any offence, in the custody of a police officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact thereby discovered, may be proved."

The correct answer is option 4.

Key Points

• Section 57 of the Indian Evidence Act lists the facts of which the court must take judicial notice. 

1. All laws in force in the territory of India
2. All public Acts passed or to be passed by Parliament of the United Kingdom
3. Articles of War for the Indian Army, Navy, or Air Force
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 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, including those of Indian Courts and Courts established by the authority of the Central Government or the Crown Representative
7. The accession to office, names, titles, functions, and signatures of public officeholders if notified in any Official Gazette
8. The existence, title, and National flag of every State or Sovereign recognized by the Government of India
9. Divisions of time, geographical divisions of the world, and public festivals, fasts, and holidays notified in the Official Gazette
10. The territories under the dominion of the Government of India
11. The commencement, continuance, and termination of hostilities between the Government of India and any other State or body of persons
12. Names of the members and officers of the Court, their deputies, subordinate officers 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 on land or at sea.

• Additionally, the section allows the court to resort to appropriate books or documents of reference for aid in matters of public history, literature, science, or art. If the court is called upon by any person to take judicial notice of any fact, it may refuse to do so until such person produces any necessary books or documents.

Additional Information

•  Judicial notice is a legal concept that allows a court to accept certain facts as true without requiring formal presentation of evidence. 
• When a court takes judicial notice of a fact, it means that the court recognizes and accepts that fact as true without the need for the parties to provide evidence to prove it.

The correct answer is Option 3.

Key Points Under the Indian Evidence Act, 1872, the general rule is that facts in issue and relevant facts must be proved by oral or documentary evidence (Sections 3, 59, 61, etc.).

However, there are exceptions where proof is not required:

✅ Section 56 to 58 – Facts which do not require proof:

• Section 56: Facts judicially noticeable need not be proved.

• Section 57: Courts may take judicial notice of facts like laws, customs, public matters.

• Section 58: Admitted facts need not be proved.

The correct answer is option 3.Key Points

•  Section 58 of Indian Evidence Act 1872 deals with Facts admitted need not be proved.
• 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. 

The correct option is Option 4.

Key Points

• Secondary Evidence
  • Section 63 of the Indian Evidence Act defines the term "Secondary Evidence".
  • Secondary evidence includes- 
    • Certified copies given under the provisions hereinafter contained.
    • Copies made from the original by mechanical processes which in themselves ensure the accuracy of the copy and copies compared with such copies.
    • Copies made from or compared with the original.
    • Counterparts of documents against the parties who did not execute them.
    • Oral accounts of the contents of a document given by some person who has seen it.
• Illustrations:-
• An original photograph is secondary evidence of its contents though the two have not been compared, if it is proved that the thing photographed was the original.
• A copy of a letter made by a copying machine is secondary evidence of the contents of the letter if it is shown that the copy made by the copying machine was made from the original.
• A copy transcribed from a copy, but afterwards compared with the original is secondary evidence but the copy not so compared is not secondary evidence of the original, although the copy from which it was transcribed was compared with the original.
• Neither an oral account of a copy compared with the original nor an oral account of a photograph or machine copy of the original is secondary evidence of the original.

The correct answer is option 1. 

Key Points

• Judicial evidence refers to evidence received by the court of Justice in proof or the confession made by the accused in the court, statements of witnesses, and documentary evidence and facts for the examination by the court.
• The term "judicial evidence" is not explicitly defined in the Indian Evidence Act, 1872. However, the Act deals comprehensively with the concept of evidence in legal proceedings.
• In a general sense, "judicial evidence" refers to the information or material presented in a court of law to establish or prove facts relevant to a legal dispute.
• Under the Indian Evidence Act, evidence includes oral statements made by witnesses during the course of judicial proceedings, as well as documents, records, and other tangible items presented as proof.

Additional Information

•  In "State (NCT of Delhi) v. Navjot Sandhu" (2005), commonly known as the "Parliament Attack Case." Supreme Court of India discussed the principles of relevance, admissibility, and the weight of evidence, highlighting the importance of adhering to the rules laid down in the Evidence Act.

The correct answer is need not to be proved

Key Points

• Section 56 of the Indian Evidence Act, 1872, deals with facts that need not be proved—specifically, facts of which the Court shall take judicial notice.
• What is Judicial Notice?
  • Judicial notice is the act of a court recognizing certain facts as universally accepted or already known, without requiring any formal proof.
• Examples of Judicial Notice:
  • Existence of laws in force in India.
  • Matters of public history.
  • Official seals, national flag.
  • Commonly known geographical facts.
• Purpose:
  • To save time and avoid redundancy in legal proceedings by not requiring proof of facts that are universally acknowledged or easily verifiable by reference.
  • Section 57 further expands on the types of facts the court shall take judicial notice of (like laws, public festivals, territories, etc.).

Additional Information 

• Option 1. Need to be proved: Incorrect – This defeats the very purpose of judicial notice.
• Option 2. Is optional to be proved: Incorrect – Judicial notice removes the need for proof altogether; it’s not optional.
• Option 4. Is better to be proved: Incorrect – This unnecessarily burdens the process; judicially noticed facts are exempt from proof.

The correct answer is To recognise without proof something as existing

Key Points

• Judicial notice means the court accepts certain facts as true without requiring formal proof or evidence.
• Under Sections 56 and 57 of the Indian Evidence Act, 1872, the court must or may take judicial notice of certain facts which are common knowledge or easily verifiable.
• Purpose:It helps to save time and judicial resources by not requiring evidence for facts that are already universally accepted or obvious.
• Example: The court can take judicial notice of geographical facts, public holidays, laws in force, or existence of states and cities.
• Effect:When judicial notice is taken, the parties cannot demand or offer evidence to prove the said fact.

Additional Information

• Notice given by the court: This refers to procedural or formal notices, not the concept of accepting facts without evidence.
• Information given to the court:This refers to evidence or pleadings submitted by parties, unlike judicial notice which is independent court recognition.
• To ask for evidence: Judicial notice means the opposite — no evidence is required for recognized facts.