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Section 48 - Indian Evidence Act, 1872
Indian Evidence Act, 1872
48. Opinion as to existence of right or custom, 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, or 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.
Illustrations
The right of the villages of a particular village to use the water of a particular well is a general right within the meaning of this section.
Related Sections
- Section 96: Evidence as to application of language which can apply to one only of several persons
- Section 101: Burden of proof
- Section 122: Communications during marriage
- Section 107: Burden of proving death of person known to have been alive within thirty years
- Section 7: Facts which are the occasion, cause or effect of facts in issue
Related Acts
* Only for reference.