BSA Section 43: Opinion as to usages, tenets, etc., when relevant (formerly IEA 49)
Bharatiya Sakshya Adhiniyam, 2023 · in force from 1 July 2024
BSA 43: Opinion as to usages, tenets, etc., when relevant
From 1 July 2024
When the Court has to form an opinion as to—
(i) the usages and tenets of any body of men or family;
(ii) the constitution and governance of any religious or charitable foundation; or
(iii) the meaning of words or terms used in particular districts or by particular classes of people, the opinions of persons having special means of knowledge thereon, are relevant facts.
What it replaced in the Evidence Act
BSA 43 ← IEA 49 · Opinion as to usages, tenets, etc., when relevantChanged
BPR&D's comparison records a change. Read what changed before relying on the old wording.
What changed, per BPR&D: Paragraphs are numbered as clauses (i), (ii) and (iii).
Printed in both official correspondence tables (BPR&D and NCRB).
When the Court has to form an opinion as to–– the usages and tenets of any body of men or family, the constitution and government of any religious or charitable foundation, or the meaning of words or terms used in particular districts or by particular classes of people, the opinion of persons having special means of knowledge thereon are, relevant facts.
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 49
They remain the law on IEA 49. 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.