What is Evidence Act 48 in BSA?

Evidence Act Section 48 (Opinion as to existence of right or custom, when relevant) is Section 42 of the Bharatiya Sakshya Adhiniyam, 2023.

CaseMinister › Sections › Evidence Act › Section 48

Evidence Act Section 48 in BSA: Section 42

Opinion as to existence of right or custom, when relevant

Section 48 of the Indian Evidence Act, 1872 (Opinion as to existence of right or custom, when relevant) corresponds to Section 42 of the Bharatiya Sakshya Adhiniyam, 2023, in force from 1 July 2024.

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.

Full BSA Section 42 and every Evidence Act section it replaced →

Ask CaseMinister about Evidence Act 48 / BSA 42

Get the judgments that apply this section, with the paragraph relied on in each and what later Benches said about it. Two answers free on WhatsApp, no signup.

Ask on WhatsApp Start free on the web

← Evidence Act 47AEvidence Act 49 →