Which Evidence Act section is BSA 42?

BSA 42 replaces Evidence Act 48.

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BSA Section 42: Opinion as to existence of general custom or right, when relevant

Section 42 of the Bharatiya Sakshya Adhiniyam, 2023 deals with opinion as to existence of general custom or right, when relevant. It replaces Evidence Act 48 of the Indian Evidence Act, 1872.

Text of BSA Section 42

42. When the Court has to form an opinion as to the existence of any general custom or right, the opinions, as to the existence of 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.

Evidence Act sections replaced

Evidence Act 48: Opinion as to existence of right or custom, when relevant

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