The law › BSA

Bharatiya Sakshya Adhiniyam, 2023

Section 42, BSA: Opinion as to existence of general custom or right, when relevant

Pundora · Published 3 October 2026

Section 42 of the Bharatiya Sakshya Adhiniyam, 2023, in the Act's own words, with the Evidence Act provision it replaces.

What it replaces

BSA provisionEvidence Act provisionRelation
Section 42Section 48corresponds

From the Bureau of Police Research and Development's official comparison summary (source below). The whole table: Evidence Act to BSA.

The 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.

The text is India Code's consolidated text as loaded into Pundora's statute corpus on 1 September 2026. A section quoted in a draft checked by Pundora is checked against this text.

Sources

  1. India Code: Bharatiya Sakshya Adhiniyam, 2023, section 42 (read 1 September 2026)
  2. Bureau of Police Research and Development: comparison summary, BSA to Evidence Act (read 1 September 2026)

The Act's own words, from India Code. If the text here differs from the Gazette, the Gazette governs; write to contact@pundora.in and it will be corrected and dated.