Evidence Act · Chapter II · Of the relevancy of facts
Evidence Act section 49, “Opinion as to usages, tenets, etc., when relevant”, is now BSA section 43 of the Bharatiya Sakshya Adhiniyam, 2023, in force from 1 July 2024.
Now BSA section 43, with the same rule; “government” becomes “governance” of religious or charitable foundations.
Indian Evidence Act, 1872
When the Court has to form an opinion as to––
the usages and tenets of any body of men or family, the constitution and government of any religious or charitable foundation, or the meaning of words or terms used in particular districts or by particular classes of people, the opinions of persons having special means of knowledge thereon are, relevant facts.
Bharatiya Sakshya Adhiniyam, 2023
When the Court has to form an opinion as to—
(i) the usages and tenets of any body of men or family;
(ii) the constitution and governance of any religious or charitable foundation; or
(iii) the meaning of words or terms used in particular districts or by particular classes of people, the opinions of persons having special means of knowledge thereon, are relevant facts.
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amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed.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.
The BSA repealed the Indian Evidence Act from 1 July 2024 (section 170(1)). Any application, trial, inquiry, investigation, proceeding or appeal pending immediately before that date is dealt with under the Evidence Act as it then stood, as if the BSA had not come into force (section 170(2)).
