BSA §42

Opinion as to existence of general custom or right, when.

Substantively sameConfidence: mediumStatus: cross checked
View government sourcemha.gov.in(opens the Bharatiya Sakshya Adhiniyam, 2023 PDF on mha.gov.in in a new tab)
Last updated 2026-05-01 · Input coverage: full

Compiled by AI-assisted tools. Verify current status against official sources. Last updated: 2026-04-28.

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Comparison

Old law
IEA §48
Opinion as to existence of right or custom, when relevant

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. 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.

New law
BSA §42
Opinion as to existence of general custom or right, when.

42. 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.

What changedAI-inferred

Opinion as to existence of right or custom, when relevant.

Old position

IEA 48 is concerned with Opinion as to existence of right or custom, when relevant. Opinion as to existence of right or custom, when relevant

New position

BSA 42 preserves the framework with drafting modernisations as required by the new code. Topic: Opinion as to existence of general custom or right, when.. 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

BSA 42 (Opinion as to existence of general custom or right, when.) preserves the framework of IEA 48. BSA 42 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BSA 42 text: When the Court has to form...

Editorial deltaAI-indicated (source-linked)

BSA 42 (Opinion as to existence of general custom or right, when.) preserves the framework of IEA 48. BSA 42 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.

BSA 42 text: 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...

Transitional note (repeal & savings)

For matters initiated before 1 July 2024, IEA 48 continues to apply. For matters from that date forward, BSA 42 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.

Frequently asked

BSA 42 (Opinion as to existence of general custom or right, when.). The relationship is classified as substantively_same — see the change-note above for the textual delta.

Government source

The statutory text above is compiled from the Act as published by the Government of India. The links open the full Act; use the PDF's search to find the section number. The linked government pages offer no link to a single section.

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Sources

Cite this page

Newlaws.in, IEA §48 → BSA §42 Mapping Page, last updated 2026-05-01, accessed 2026-10-29, https://newlaws.in/bsa/42.

Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01

Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.