Bharatiya Sakshya Adhiniyam, 2023
BSA Section 42
Opinion as to existence of general custom or right, when relevant
In one line
BSA Section 42 deals with opinion as to existence of general custom or right, when relevant and replaces Evidence Act 48.
Bare act text — BSA 42
42. Opinion as to existence of general custom or right, 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, 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.
Frequently asked
What was BSA Section 42 in the Evidence Act?
BSA Section 42 (Opinion as to existence of general custom or right, when relevant) replaces Section 48 of the Indian Evidence Act, 1872. Evidence Act 48 is now BSA 42.
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Nearby BSA sections
- BSA 37 — Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant
- BSA 38 — Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved
- BSA 39 — Opinions of experts
- BSA 40 — Facts bearing upon opinions of experts
- BSA 41 — Opinion as to handwriting and signature, when relevant
- BSA 43 — Opinion as to usages, tenets, etc., when relevant
- BSA 44 — Opinion on relationship, when relevant
- BSA 45 — Grounds of opinion, when relevant
- BSA 46 — In civil cases character to prove conduct imputed, irrelevant
- BSA 47 — In criminal cases previous good character relevant