BSA Section 42 — Opinion as to existence of general custom or right, when relevant

Summary

When the Court needs to decide whether a general custom or right exists, the opinions of people who would likely know about that custom or right if it did exist are considered relevant. This means the Court can take into account what such knowledgeable persons say about the custom or right.

The explanation clarifies that the term "general custom or right" includes customs or rights that are common to any considerable class of persons. This broadens the scope beyond customs affecting everyone, to include those affecting a significant group.

The illustration gives an example: the right of villagers in a particular village to use the water of a particular well is considered a general right under this section.

Official Text

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.

Related Judgments

• STATE OF BIHAR vs RADHA KRISHNA SINGH & ORS — Supreme Court of India (1983)
• RINA KUMARI @ RINA DEVI @ REENA vs DINESH KUMAR MAHTO @ DINESH KUMAR MAHATO AND ANOTHER — Supreme Court of India (2025)
• K.G. PREMSHANKER vs INSPECTOR OF POLICE AND ANR — Supreme Court of India (2002)

Old <-> New Code Mapping

• IEA §48 — Opinion as to existence of general custom or right, when relevant