BSA Section 42: Opinion as to existence of general custom or right, when relevant (formerly IEA 48)
Bharatiya Sakshya Adhiniyam, 2023 · in force from 1 July 2024
BSA 42: Opinion as to existence of general custom or right, when relevant
From 1 July 2024
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.
What it replaced in the Evidence Act
BSA 42 ← IEA 48 · Opinion as to existence of right or custom, when relevantNo change
BPR&D's comparison records no change in the text, only a new number.
Printed in both official correspondence tables (BPR&D and NCRB).
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.
Which one applies
Under section 170(2) of the BSA, an application, trial, inquiry, investigation, proceeding or appeal already pending on 1 July 2024 is dealt with under the Evidence Act; one begun on or after that date, under the BSA.
Read BSA section 170 →Judgments decided under IEA 48
They remain the law on IEA 48. Where the provision changed in the move, read what changed before relying on one for an offence after 1 July 2024.
Sources
- Correspondence Table and Comparison Summary of the Bharatiya Sakshya Adhiniyam, 2023 to the Indian Evidence Act, 1872, Bureau of Police Research & Development, Ministry of Home Affairs, page 5.
- Bharatiya Sakshya Adhiniyam, 2023: bare Act with Corresponding Section Table, National Crime Records Bureau (Sankalan), page 14.
- The Indian Evidence Act, 1872 (Act 1 of 1872), as amended, India Code, Legislative Department, Ministry of Law and Justice.
BPR&D is the Bureau of Police Research & Development (Ministry of Home Affairs); NCRB the National Crime Records Bureau. Their correspondence tables are training aids, not law. This page is general information, not legal advice on any case; the bare Acts as published by the Government of India are the authority.