IEA 48→BSA 42

IEA 48 to BSA 42: Opinion as to existence of right or custom, when relevant

Section 48 IEA (1872) replaced by Section 42 BSA (2023)

View IEA Section 48 →View BSA Section 42 →

IEA 48 to BSA 42 at a Glance

Section 48 IEA (Opinion as to existence of right or custom, when relevant) is now Section 42 BSA, in force from 1 July 2024. Only the section number changed.

What Changed From IEA 48 to BSA 42?

Section 48 of the Indian Evidence Act, 1872 became Section 42 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording. The heading now reads "Opinion as to existence of general custom or right, when relevant".

IEA 48 vs BSA 42: Comparison Table

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section4842
HeadingOpinion as to existence of right or custom, when relevantOpinion as to existence of general custom or right, when relevant

IEA 48 and BSA 42: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 48, IEA 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, 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.
BSA 2023 (in force)

Section 42, BSA 2023

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.

When It Applies: IEA 48 vs BSA 42

Under IEA 48
  1. A court needs to decide whether a general custom or right exists.
  2. The custom or right is one shared by a considerable class of persons, such as villagers of a village sharing the use of a well.
  3. A witness who would be in a position to know about the custom or right if it existed gives an opinion on whether it exists.
Under BSA 42
  1. A court needs to decide whether a general custom or right exists.
  2. The custom or right is one shared by a considerable class of persons, such as villagers of a village sharing the use of a well.
  3. A witness who would be in a position to know about the custom or right if it existed gives an opinion on whether it exists.

What IEA 48 to BSA 42 Means in Practice

Section 48 IEA became Section 42 BSA on 1 July 2024 without any change in wording. The same rule applies, and a party or witness should cite Section 42 BSA for matters governed by the BSA. The heading was updated to refer to the existence of a general custom or right.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Evidence Act, 1872 · Bharatiya Sakshya Adhiniyam, 2023 ·