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

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Repealed.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 Repealed by the Bharatiya Sakshya Adhiniyam, 2023, with effect from 1 July 2024

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

ActThe Indian Evidence Act, 1872
Section48
Marginal noteOpinion as to existence of right or custom, when relevant
JurisdictionCentral
StatusRepealed
Judgments citing it1

Judgments that turned on this provision

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