Section 48

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

The Indian Evidence Act, 1872

  • Act 1 of 1872
  • Ministry of Law and Justice
  • Legislative Department
All sections
    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.

Source: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

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