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

Corresponding Evidence Act provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

2 questions in 11 of our papers cite Section 42. Try these from the free papers:

1. 1. Under Section 42 of the BSA, when the Court has to form an opinion as to the existence of any general custom or right, the opinions as to its existence of which persons are relevant?

   A.Only members of the family or community claiming the customB.Only persons recognised as experts in customary lawC.Persons who would be likely to know of its existence if it existedD.Only persons who have themselves exercised the custom or right
   Show answer

2. 2. For the purposes of Section 42 of the BSA (opinion as to existence of a general custom or right), the expression 'general custom or right' includes:

   A.customs or rights common to any considerable class of personsB.only rights vested in the State or in a local authorityC.only customs observed throughout the territory of IndiaD.only customs that have been recognised by a decree of a Court
   Show answer