BSA Section 43 — Opinion as to usages, tenets, etc., when relevant

Summary

When the Court needs to decide about the usages and tenets of any group of people or a family, the opinions of people who have special knowledge on that subject are considered relevant facts.

When the Court needs to decide about the constitution and governance of any religious or charitable foundation, the opinions of people who have special knowledge on that subject are considered relevant facts.

When the Court needs to decide about the meaning of words or terms used in particular districts or by particular classes of people, the opinions of people who have special knowledge on that subject are considered relevant facts.

Official Text

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.

Related Judgments

• 8146/2024; MRS. MINAL DESAI vs MR. KAWALJEET SINGH — Delhi High Court (2025)
• STATE OF RAJASTHAN AND ORS. vs SAIJANLAL PANJAWAT & ORS — Supreme Court of India (1973)
• STATE OF BIHAR vs RADHA KRISHNA SINGH & ORS — Supreme Court of India (1983)

Old <-> New Code Mapping

• IEA §49 — Opinion as to usages, tenets, etc., when relevant