SECTION 42 – Opinion as to existence of general custom or right, when relevant.
The Bharatiya Sakshya Adhiniyam, 2023
Opinion as to existence of general custom or right, when relevant.
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.