Indian Evidence Act, 1872Bharatiya Sakshya Adhiniyam, 2023

IEA 48BSA 42

Opinion as to existence of general custom or right, when relevant

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Under Section 42 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 48 of the Indian Evidence Act, 1872)...

Bare act text — BSA 42

42. Opinion as to existence of general custom or right, when relevant .—When the Court has to form an opinion as to the existence of any general custom or right, the opinions, as to the existence o f such custom or right, of persons who would be likely to know of its existence if it existed, are relevant. Explanation.—The expression “general custom or right ” includes customs or rights common to any considerable class of persons. Illustration. The right of the villagers of a particular village to use the water of a particular well is a general right within the meaning of this section.

Frequently asked

What is IEA 48 equivalent in BSA?

IEA Section 48 (Opinion as to existence of general custom or right, when relevant) corresponds to Section 42 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA).

What changed between IEA 48 and BSA 42?

No change.

How do I cite BSA 42 in a pleading?

Under Section 42 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 48 of the Indian Evidence Act, 1872)...

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