BSA §42
Opinion as to existence of general custom or right, when.
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Comparison
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.
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.
Sources
- India Code — Indian Evidence Act, 1872
- Gazette of India — Bharatiya Sakshya Adhiniyam, 2023
Cite this page
Newlaws.in, IEA §48 → BSA §42 Mapping Page, last updated 2026-05-01, accessed 2026-06-15, https://newlaws.in/bsa/42.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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