Indian Evidence Act, 1872 · Chapter II: Of the Relevancy of Facts · Opinions of third persons when relevant
Section 48: Opinion as to existence of right or custom, when relevant
The Indian Evidence Act, 1872 was repealed and replaced by the Bharatiya Sakshya Adhiniyam, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
In plain words
When the court must form an opinion on the existence of a general custom or right, including one common to a considerable class of people, the opinions of persons likely to know of it are relevant.
Example: The right of villagers to use the water of a particular well is a general right under this section.
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 (Legislative Department), the text of the Act as it stood before its repeal. 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.