Bharatiya Sakshya Adhiniyam
Chapter 2
Relevancy of Facts
Section 42 • Opinion as to existence of general custom or right, when relevant
Description
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
📖 Understanding This Section
This section is part of Bharatiya Sakshya Adhiniyam, Chapter 2 (Relevancy of Facts). Legal provisions are subject to interpretation by courts and may be amended by legislation. For specific legal advice regarding this section, please consult a qualified legal professional.
