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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 105: Burden of proving that case of accused comes within exceptions.
- Section 13: Facts relevant when right or custom is in question
- Section 148: Court to decide when question shall be asked and when witness compelled to answer
- Section 12: In suits for damages, facts tending to enable Court to determine amount are relevant
- Section 159: Refreshing memory
Related Acts
* Only for reference.