INDIAN EVIDENCE ACT, 1872
BHARATIYA SAKSHYA ADHINIYAM, 2023
48. Opinion as to existence of right or custom, when relevant.
42. Opinion as to existence of general custom or right, when relevant.
changed or removed in old law
changed or added in new law
Similar wording stays plain; only differences are highlighted.
INDIAN EVIDENCE ACT, 1872
48. Opinion as to existence of right or custom, when relevant.––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.
Repealed / replaced by BSA India Code — IEA 1872
BHARATIYA SAKSHYA ADHINIYAM, 2023
42. Opinion as to existence of general custom or right, when relevant.—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.
Current law India Code — BSA 2023