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Bharatiya Sakshya Adhiniyam, 2023 · Chapter II: Relevancy of Facts · Opinions of third persons when relevant

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

Earlier law: Evidence Act section 48 (Opinion as to existence of right or custom, when relevant)

In plain words

When the court must decide whether a general custom or right exists, the opinions of people likely to know of it if it existed are relevant. A "general" custom or right includes one common to a considerable class of people.

Example: The right of a village's residents to use the water of a particular well is a general right.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Official text

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.

Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.

Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 25 August 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Supreme Court judgments citing the section 42

No Supreme Court judgment in our database cites this section yet.