Section 13: Facts relevant when right or custom is in question
The Indian Evidence Act, 1872Central Act · Act 1 of 1872
Repealed. This text is published for reference. It is not in force, and it should not be relied on as current law without checking what replaced it. Repealed by the Bharatiya Sakshya Adhiniyam, 2023, with effect from 1 July 2024
Where the question is as to the existence of any right or custom, the following facts are relevant: --
(a) any transaction by which the right or custom in question was created, claimed, modified, recognized, asserted or denied, or which was inconsistent with its existence;
(b) particular instances in which the right or custom was claimed, recognized or exercised, or in which its exercise was disputed, asserted or departed from.
Illustrations
The question is, whether A has a right to a fishery.
A deed conferring the fishery on A's ancestors, a mortgage of the fishery by A's father, a subsequent grant of the fishery by A's father, irreconcilable with the mortgage, particular instances in which A's father exercised the right, or in which the exercise of the right was stopped by As neighbours, are relevant facts.
