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 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.
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Text of BSA Section 42
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