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BSA · Section 43 · Chapter II — RELEVANCY OF FACTS

Opinion as to usages, tenets, etc., when relevant.

What this section does

When a court must form an opinion on the usages and tenets of a body of men or family, the constitution and governance of a religious or charitable foundation, or the meaning of words used in particular districts or by particular classes, the opinions of persons with special means of knowledge on those matters are relevant.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

The rule in one line

Opinions of persons with special knowledge of usages, tenets, institutional governance, or local/class-specific terminology are relevant facts.

When it applies

  • The meaning of a term used exclusively by weavers in a particular district may be proved through the opinion of a person who has long traded with that community.
  • The governance rules of a religious endowment may be established through the opinion of a trustee or scholar with special knowledge of that institution.
Old-law correspondence

Derived from IEA s.49.

Read the official text

For the binding statutory text of BSA Section 43, refer to the Gazette of India or the India Code official website.

Why this matters

BSA Section 43 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.