Evidence Act 1950 · Updated to 1 Nov 2017 · Chapter III · Facts Which Need Not Be Proved
57. Facts of which court must take judicial notice
Feedback & supportThe court shall take judicial notice of the following facts:
court
“court” means a court established by or under Part IX of the Federal Constitution and includes— (a) a Judge; (b) a Sessions Court Judge; (c) a Magistrate; and (d) except an arbitrator, every person legally authorized to take evidence;
all laws or regulations having the force of law now or heretofore in force or hereafter to be in force in Malaysia or any part thereof;
all public Acts passed or hereafter to be passed by the
Parliament of the United Kingdom, and all local and personal Acts directed by it to be judicially noticed;
articles of war for the armed forces or any visiting force lawfully present in Malaysia;
the course of proceedings in Parliament, in the federal legislatures that existed in Malaysia before Parliament was constituted, in the legislature of any State in Malaysia and in the Parliament of the United Kingdom;
the accession of the Yang di-Pertuan Agong and the accession of the Ruler of any State in Malaysia and the appointment of a Yang di-Pertua Negeri;
the accession and the sign manual of the Sovereign for the time being of the United Kingdom;
the seals of all the courts of Malaysia, all seals which any person is authorized to use by any law in force for the time being in Malaysia or any part thereof, all seals of which English courts take judicial notice, and the seals of Courts of Admiralty and maritime jurisdiction and of notaries public;
the accession to office, names, titles, functions and signatures of the persons filling for the time being any public office in any part of Malaysia, if the fact of their appointment to such office is notified in the Gazette or in any State Gazette;
the existence, title and national flag of every State or
Sovereign recognized by the Yang di-Pertuan Agong;
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the ordinary course of nature, natural and artificial divisions of time, the geographical divisions of the world, the meaning of Malay and English words, and public festivals, fasts and holidays notified in the Gazette or in any State Gazette;
the Commonwealth countries;
the commencement, continuance and termination of hostilities between Malaysia or any other part of the
Commonwealth 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 all advocates and other persons authorized by law to appear or act before it;
the rule of the road on the land, sea regulations and the rules of the air;
all other matters which it is directed by any written law to notice.
Explanation—The words “Parliament of the United Kingdom” in paragraphs (b) and (d) mean—
the Parliament of the United Kingdom of Great Britain and
Northern Ireland;
the Parliament of the United Kingdom of Great Britain and
Ireland;
the Parliament of Northern Ireland;
the Parliament of Great Britain;
the Parliament of England;
the Parliament of Scotland;
the Parliament of Ireland prior to 1 January 1801.
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 the person produces any such book or document as it considers necessary to enable it to do so.
fact
“fact” means and includes— (a) any thing, state of things or relation of things capable of being perceived by the senses; (b) any mental condition of which any person is conscious; (a) That there are certain objects arranged in a certain order in a certain place is a fact. (b) That a man heard or saw something is a fact. (c) That a man said certain words is a fact. (d) That a man holds a certain opinion, has a certain intention, acts in good faith or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particular sensation, is a fact. (e) That a man has a certain reputation is a fact;