Section 43 BSA: Opinion as to usages, tenets, etc., when relevant
Bharatiya Sakshya Adhiniyam, 2023
Section 43 BSA at a Glance
Section 43 BSA deals with opinion as to usages, tenets, etc., when relevant. It replaced Section 49 IEA on 1 July 2024.
Section 43 BSA Bare Act Text
43. Opinion as to usages, tenets, etc., when relevant
When the Court has to form an opinion as to—
(i) the usages and tenets of any body of men or family;
(ii) the constitution and governance of any religious or charitable foundation; or
(iii) the meaning of words or terms used in particular districts or by particular classes of people, the opinions of persons having special means of knowledge thereon, are relevant facts.
Source: Section 43, Bharatiya Sakshya Adhiniyam, 2023
Section 43 BSA in Simple Words
Section 43 of the Bharatiya Sakshya Adhiniyam, 2023 lets a court take opinions from informed people on specific community, institutional, and language matters. Under the Adhiniyam, these opinions are relevant facts (facts a party can place before the court as evidence).
Section 43 BSA applies when a court has to form a view on the listed subjects. Clause (i) covers usages (customs) and tenets (beliefs) followed by a family or a body of people. Clause (ii) covers the constitution and the governance of a religious foundation or a charitable foundation. Clause (iii) covers what specific words or terms mean when used in a certain district or by a certain class of people.
Not every witness can give an opinion on these matters. The person offering the opinion must have special means of knowledge on that subject.
When Section 43 BSA Applies
- Under clause (i), the court has to form a view on usages and tenets followed by a family or a body of people.
- Under clause (ii), the court has to form a view on the constitution and the governance of a religious foundation or a charitable foundation.
- Under clause (iii), the court has to form a view on what specific words or terms mean in a certain district or among a certain class of people.
- The opinion is given by a person who has special means of knowledge about that subject.
Example of Section 43 BSA
Section 43 BSA in the IEA (Previous Law)
Section 43 BSA replaces Section 49 IEA from the old criminal code.
Section 49 of the Indian Evidence Act, 1872 became Section 43 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. "Government" of a foundation reads "governance", and the list is numbered (i) to (iii).
FAQs on Section 43 BSA
What is Section 43 BSA?▼
Section 43 of the Bharatiya Sakshya Adhiniyam, 2023 makes the opinions of people with special means of knowledge relevant on specific subjects. Those subjects are family or group usages and tenets, the constitution and the governance of religious or charitable foundations, and the meaning of district or class words.
Can any witness give an opinion on family usages or local terms under Section 43 BSA?▼
No. Under Section 43 BSA, the opinion must come from a person who has special means of knowledge on that subject.
Does Section 43 BSA cover the constitution and the governance of a religious foundation?▼
Yes. Under clause (ii) of Section 43 BSA, when the court must form a view on the constitution and the governance of a religious or charitable foundation, the opinion of a person with special means of knowledge is a relevant fact.
What is Section 43 BSA in IEA?▼
Section 49 IEA is the corresponding provision that applied before 1 July 2024, and the rule is the same. Section 43 BSA replaced the word government with governance for foundations and numbered the clauses (i) to (iii).
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Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·