Evidence Act 1950 · Updated to 1 Nov 2017 · Chapter II
48. Opinion as to existence of right or custom when relevant
Feedback & supportWhen 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.
court
“court” means a court established by or under Part IX of the Federal Constitution and includes— (a) a Judge; (b) a Sessions Court Judge; (c) a Magistrate; and (d) except an arbitrator, every person legally authorized to take evidence;
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evidence
“evidence” includes— (a) all statements which the court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry: such statements are called oral evidence; (b) all documents produced for the inspection of the court: such documents are called documentary evidence;
Explanation—The expression “general custom or right” includes customs or rights common to any considerable class of persons.
The right of the inhabitants of a particular village to use the water of a particular well is a general right within the meaning of this section.