Mera Samvidhaan All of Bharatiya Sakshya Adhiniyam, 2023

Chapter II · Relevancy of Facts

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

Section 42 · Part II · Chapter II · Opinions of third persons 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 of such custom or right, of persons who would be likely to know of its existence if it existed, are relevant.

ExplanationThe expression “general custom or right” includes customs or rights common to any considerable class of persons.

Illustrations

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.

Section 42 of The Bharatiya Sakshya Adhiniyam, 2023 is reproduced in full above, as printed by India Code, with its footnotes and amendment markers. Read the whole Act, or browse every Act on Mera Samvidhaan.