Chapter IIIndian Evidence Act, 1872

Indian Evidence Act Section 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.

Vardhaman Raj

Vardhaman Raj is a distinguished advocate with over 25 years of experience in the Indian legal system. Vardhaman has dedicated his career to criminal law and civil rights, gaining a reputation for his unwavering integrity, meticulous attention to detail, and compassionate advocacy for his clients. Vardhaman's expertise spans various legal areas, including criminal defence, family law, and public interest litigation.

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