Section 49 IEA: Opinion as to usages, tenets, etc., when relevant
Indian Evidence Act, 1872
Section 49 IEA at a Glance
Section 49 IEA deals with opinion as to usages, tenets, etc., when relevant. From 1 July 2024 it is replaced by Section 43 BSA.
Section 49 IEA Bare Act Text
49. Opinion as to usages, tenets, etc., when relevant
When the Court has to form an opinion as to—
the usages and tenets of any body of men or family, the constitution and government of any religious or charitable foundation, or 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 49, Indian Evidence Act, 1872
Section 49 IEA in Simple Words
Section 49 of the Indian Evidence Act, 1872 lets a court take opinions from informed people on specific community, institutional, and language matters. Under the Act, these opinions are relevant facts (facts a party can place before the court as evidence).
Section 49 IEA applies when a court has to form a view on usages (customs) and tenets (beliefs) followed by a family or a body of people. It also covers the constitution and the government of a religious foundation or a charitable foundation. In addition, it covers what specific words or terms mean when used in a certain district or by a certain class of people.
Not every witness can offer an opinion on these matters. The person giving the opinion must have special means of knowledge on that subject.
When Section 49 IEA Applies
- The court has to form a view on usages and tenets followed by a family or a body of people.
- The court has to form a view on the constitution and the government of a religious foundation or a charitable foundation.
- 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 49 IEA
Section 49 IEA in the BSA
Section 49 IEA is now covered under Section 43 BSA.
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).
View detailed comparison (IEA 49 vs BSA 43) →FAQs on Section 49 IEA
What is Section 49 IEA?▼
Section 49 of the Indian Evidence Act, 1872 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 government of religious or charitable foundations, and the meaning of district or class words.
Can any witness give an opinion on family usages or local words under Section 49 IEA?▼
No. Under Section 49 IEA, the opinion must come from a person who has special means of knowledge on that subject.
Does Section 49 IEA apply to the meaning of terms used only by a particular class of people?▼
Yes. When the court has to form a view on what words or terms mean in a particular district or among a particular class of people, the opinion of a person with special means of knowledge is a relevant fact under Section 49 IEA.
What is Section 49 IEA in BSA?▼
Section 43 BSA replaced Section 49 IEA from 1 July 2024 with no substantive change. Section 43 BSA uses the word governance instead of government for a religious or charitable foundation and numbers the items (i) to (iii).
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·