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Section 48 - Indian Evidence Act, 1872
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.
Illustrations
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.
Related Sections
- Section 103: Burden of proof as to particular fact
- Section 100: Saving of provisions of Indian Succession Act, relating to wills
- Section 121: Judges and Magistrates
- Section 21: Proof of admissions against persons making them, and by or on their behalf
- Section 40: Previous judgments relevant to bar a second suit or trial
Related Acts
* Only for reference.