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

The Bharatiya Sakshya Adhiniyam, 2023Central Act · Act 47 of 2023

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.

Where this provision sits

Act	The Bharatiya Sakshya Adhiniyam, 2023
Section	42
Marginal note	Opinion as to existence of general custom or right, when relevant.
Jurisdiction	Central
Status	In force as published by the source

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