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Section 42 - The Bharatiya Sakshya Adhiniyam, 2023
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.
Related Sections
- Section 77: Proof of other official documents
- Section 126: Competency of husband and wife as witnesses in certain cases
- Section 122: Estoppel of tenant and of licensee of person in possession
- Section 68: Proof where no attesting witness found
- Section 108: Burden of proving that case of accused comes within exceptions
Related Acts
* Only for reference.