Section 42 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 42 of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act, 2023) addresses the admissibility of opinions regarding the existence of general customs or rights. This provision is particularly relevant in cases where the court needs to determine the existence of a custom or right that is not codified but is recognized by a community or group
Text of Section 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.
Key Points:
Relevance of Opinions: The section allows for the admission of opinions regarding the existence of a general custom or right, provided the individuals offering these opinions are likely to have knowledge of such customs or rights.
Definition of General Custom or Right: The explanation clarifies that "general custom or right" refers to customs or rights that are common to a significant group of people.
Illustrative Example: An example provided is the right of villagers to use the water from a specific well, which is considered a general right under this section.
This section is instrumental in cases where traditional practices or community rights are in question, allowing the court to consider the insights of those familiar with the customs of the community.
RELATED Blog
0 comments