Central · Act 47 of 2023

Section 42 — Opinion as to existence of general custom or right, when relevant.

The Bharatiya Sakshya Adhiniyam, 2023

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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.



Source and version

India Code, Government of India. Text fetched 09 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.

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Section 42 — Opinion as to existence of general custom or right, when relevant. | The Bharatiya Sakshya Adhiniyam, 2023 | NYAYA SIGNALNYAYA SIGNAL · Free access · Official source references

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