what is BSA Section 42?

Bhartiya Sakshya Adhiniyam, 2023 - Section 42: Opinion as to Existence of General Custom or Right, 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.

Brefe Detail

Section 42 of the Bhartiya Sakshya Adhiniyam, 2023, addresses the relevance of opinions regarding the existence of general customs or rights. It states that the views of individuals likely to know about such customs or rights are considered relevant evidence in court. This section emphasizes that general customs or rights pertain to significant groups within a community.

Question & Answers

Q1: What does Section 42 pertain to?

A1: Section 42 pertains to the relevance of opinions regarding the existence of general customs or rights in legal proceedings.

Q2: Who's opinion is considered relevant under this section?

A2: The opinions of persons likely to know about the existence of a general custom or right are considered relevant.

Q3: What does general custom or right mean?

A3: General custom or right refers to customs or rights that are common to a considerable class of persons.

Q4: Can you give an example of a general right?

A4: An example of a general right is the right of villagers to use the water from a particular well.

Q5: Why are these opinions important in court?

A5: These opinions help the court assess the existence and validity of customs or rights that may affect the outcome of a case.

Example

• In a dispute over water rights, villagers might provide testimony about their longstanding custom of using a specific well. Their opinions would be relevant in establishing the existence of that right.
• If a group of artisans claims a customary right to a specific market area, the court would consider the views of other artisans from the same community who could confirm this custom.

Summary

Section 42 of the Bhartiya Sakshya Adhiniyam, 2023, outlines how opinions regarding general customs or rights are relevant in legal contexts. It highlights the importance of testimony from individuals who have knowledge of such customs, emphasizing that these rights often impact community dynamics and legal decisions.