Section 42 Earlier Evidence Act 48
Opinion as to existence of general custom or right, when relevant
Chapter 2: Relevancy of facts
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.
The Bharatiya Sakshya Adhiniyam, 2023 (Act No. 47 of 2023). As printed in the Gazette on 25 December 2023. Later amendments, if any, are not included.
Related sections
- 39Opinions of expertsEvidence Act 45
- 40Facts bearing upon opinions of expertsEvidence Act 46
- 41Opinion as to handwriting and signature, when relevantEvidence Act 47
- 43Opinion as to usages, tenets, etc., when relevantEvidence Act 49
- 44Opinion on relationship, when relevantEvidence Act 50
- 45Grounds of opinion, when relevantEvidence Act 51