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CHAPTER II.––OF THE RELEVANCY OF FACTS · OPINIONS OF THIRD PERSONS WHEN RELEVANT

Section 48: Opinion as to existence of right or custom, when relevant

The Indian Evidence Act, 1872 (repealed)

Repealed by the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024.

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.

Now in the BSA

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

48. Opinion as to existence of right or custom, when relevant.BSA 42

Questions on this section

2 questions in 11 of our papers cite Section 48. 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?

  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:

Practise questions on Criminal Law