Opinion as to existence of general custom or right, when relevant.
What this section does
When a court must determine whether a general custom or right exists, the opinions of persons likely to know of its existence are relevant. The term 'general custom or right' covers customs or rights common to any considerable class of persons.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
The rule in one line
Opinions of persons likely to know of a general custom or right are relevant to prove its existence.
When it applies
- The right of villagers of a particular village to draw water from a specific well is a general right, and the opinions of those likely aware of such usage are relevant.
- A custom of a particular trading community regarding contract formation may be proved through the opinions of senior members of that community.
Derived from IEA s.48.
Read the official text
For the binding statutory text of BSA Section 42, refer to the Gazette of India or the India Code official website.
Why this matters
BSA Section 42 forms part of Bharatiya Sakshya Adhiniyam which replaced the Indian Evidence Act 1872 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.