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Section 48 - Opinion as to existence of right or custom, when relevant | Indian Evidence Act, 1872 vs The Bharatiya Sakshya Adhiniyam, 2023 | LawFinder

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Indian Evidence Act, 1872 Section 48The Bharatiya Sakshya Adhiniyam, 2023 Section 42

Indian Evidence Act, 1872

Section 48

Opinion as to existence of right or custom, when relevant

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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, or 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.

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The right of the villages of a particular village to use the water of a particular well is a general right within the meaning of this section.

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The Bharatiya Sakshya Adhiniyam, 2023

Section 42

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

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The 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.

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