Where the question is as to the existence of any right or custom, the following facts are relevant--
(a) any transaction by which the right or custom in question was created, claimed, modified, recognised, asserted or denied, or which was inconsistent with its existence;
(b) particular instances in which the right or custom was claimed, recognised or exercised, or in which its exercise was disputed, asserted or departed from.
Illustration.
The question is, whether A has a right to a fishery. A deed conferring the fishery on A's ancestors, a mortgage of the fishery by A's father, a subsequent grant of the fishery by A's father, irreconcilable with the mortgage, particular instances in which A's father exercised the right, or in which the exercise of the right was stopped by A's neighbours, are relevant facts.
(a) any transaction by which the right or custom in question was created, claimed, modified, recognised, asserted or denied, or which was inconsistent with its existence;
(b) particular instances in which the right or custom was claimed, recognised or exercised, or in which its exercise was disputed, asserted or departed from.
Illustration.
The question is, whether A has a right to a fishery. A deed conferring the fishery on A's ancestors, a mortgage of the fishery by A's father, a subsequent grant of the fishery by A's father, irreconcilable with the mortgage, particular instances in which A's father exercised the right, or in which the exercise of the right was stopped by A's neighbours, are relevant facts.
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More sections of this act
Section 1 · Short title, application and commencement.Section 2 · Definitions.Section 3 · Evidence may be given of facts in issue and relevant facts.Section 4 · Relevancy of facts forming part of same transaction.Section 5 · Facts which are occasion, cause or effect of facts in issue or relevant facts.Section 6 · Motive, preparation and previous or subsequent conduct.Section 7 · Facts necessary to explain or introduce fact in issue or relevant facts.Section 8 · Things said or done by conspirator in reference to common design.India Code, Government of India. Text fetched 09 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.