The official text
Old and new, side by side
Indian Evidence Act, 1872
Section 48 Opinion as to existence of right or custom, 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.
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.
Bharatiya Sakshya Adhiniyam, 2023
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.
The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed. The PDFs linked below carry the full history.
