Section 48 IEA: Opinion as to existence of right or custom, when relevant
Indian Evidence Act, 1872
Section 48 IEA at a Glance
Section 48 IEA deals with opinion as to existence of right or custom, when relevant. From 1 July 2024 it is replaced by Section 42 BSA.
Section 48 IEA Bare Act Text
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.
ExplanationThe expression “general custom or right” includes customs or rights common to any considerable class of persons.
IllustrationThe 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.
Source: Section 48, Indian Evidence Act, 1872
Section 48 IEA in Simple Words
Section 48 of the Indian Evidence Act, 1872 lets a court consider the opinions of knowledgeable people when deciding whether a general custom or right exists. Under the Act, the opinion of someone likely to know whether that general custom or right existed is relevant (something the court can take into account as evidence).
The Explanation clarifies what counts as a general custom or right. It includes customs or rights shared by a considerable class of persons (a large group or community of people, rather than an individual arrangement).
The Illustration gives an example from village life. When the villagers of a specific village have a right to draw water from a specific well, that collective claim counts as a general right under Section 48 IEA.
When Section 48 IEA Applies
- A court needs to decide whether a general custom or right exists.
- 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.
- 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.
Example of Section 48 IEA
Section 48 IEA in the BSA
Section 48 IEA is now covered under Section 42 BSA.
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".
View detailed comparison (IEA 48 vs BSA 42) →FAQs on Section 48 IEA
What is Section 48 IEA?▼
Section 48 of the Indian Evidence Act, 1872 makes the opinions of people who are likely to know about a general custom or right relevant when a court must decide whether that custom or right exists. The Explanation states that a general custom or right includes one shared by any considerable class of persons.
What counts as a general custom or right under Section 48 IEA?▼
Under the Explanation to Section 48 IEA, a general custom or right includes any custom or right common to a considerable class of persons. The Illustration shows that the right of the residents of a specific village to use water from a local well is a general right.
Whose opinion is relevant to prove a general custom or right under Section 48 IEA?▼
The opinion of any person who would be in a position to know about the existence of that general custom or right if it existed is relevant.
What is Section 48 IEA in BSA?▼
Section 42 BSA replaced Section 48 IEA on 1 July 2024 without any change in the wording of the section, Explanation, or Illustration. Only the section heading was updated to say general custom or right.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·