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Section 42 BSA — Opinion as to existence of general custom or right, when relevant

Bharatiya Sakshya Adhiniyam, 2023 · Official PDF page 17

Open in NyayaOfficial PDF, page 17

42.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 extracted from the official PDF (Ministry-published 2024 source copy). Line breaks and footnote marks may differ; the PDF is the authority.

For research. Check the official gazette and later amendments before citing a section.