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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 52: Facts of which Court shall take judicial notice
- Section 35: Relevancy of certain judgments in probate, etc., jurisdiction
- Section 163: Testimony to facts stated in document mentioned in section 162
- Section 151: Court to decide when question shall be asked and when witness compelled to answer
- Section 11: Facts relevant when right or custom is in question
Related Acts
- Indian Institutes of Information Technology (Amendment) Act, 2017
- Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023
- Farm Laws Repeal Act, 2021
- National Commission for Homoeopathy Act, 2020
- Personal Laws (Amendment) Act, 2019
* Only for reference.