Indian Evidence Act
IEA 48 is now BSA 42.
Opinion as to existence of right or custom, when relevant
Carried over
Old wording kept in full
Old · IEA 1872 · Ch. II
s. 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.
Text read from the official print by OCR. Check it against the print before quoting.
New · BSA 2023 · Ch. II
s. 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.
Text from India Code