A Gazette notification is always final and cannot be questioned in court.

Courts treat it only as relevant evidence; the fact it states can still be challenged and weighed against other evidence.

This rule applies to any fact mentioned in a Gazette.

It only applies to facts of a 'public nature', not private or personal facts that happen to be mentioned in a government notification.

Bharatiya Sakshya Adhiniyam, 2023

Section 31

Relevancy of statement as to fact of public nature contained in certain Acts or

When the Court has to form an opinion as to the existence of any fact of a public nature, any statement of it, made in a recital contained in any Central Act or State Act or in a Central Government or State Government notification appearing in the respective Official Gazette or in any printed paper or in electronic or digital form purporting to be such Gazette, is a relevant fact.§

Why this exists

Courts often need to establish background facts of public significance, such as when a region was declared a municipality, when a war was officially over, or when a famine was declared. Requiring witnesses to prove such facts from scratch would be impractical. This provision, carried forward from Section 37 of the old Indian Evidence Act, 1872, lets courts rely on official records like Gazettes and legislative recitals as trustworthy sources for such facts, recognising that government publications are made through formal, verified processes.

How courts read it

Under the predecessor provision (Section 37 of the Evidence Act, 1872), courts consistently held that Gazette notifications and legislative recitals are reliable evidence of public facts like the creation of administrative units, declarations of emergency, or notifications of appointments, because they are prepared by public authorities under statutory duty. Courts clarified that while such statements are 'relevant,' they are not automatically conclusive proof; the opposing party may still contest the underlying fact, and courts assess the reliability of the recital based on the process by which it was made.

Common misconceptions

Myth: A Gazette notification is always final and cannot be questioned in court.
Fact: Courts treat it only as relevant evidence; the fact it states can still be challenged and weighed against other evidence.
Myth: This rule applies to any fact mentioned in a Gazette.
Fact: It only applies to facts of a 'public nature', not private or personal facts that happen to be mentioned in a government notification.