In this article, we will introduce you to Bharatiya Sakshya Adhiniyam Section 42. In today’s article we will talk about what is Bharatiya Sakshya Adhiniyam (BSA Section 42)?
The Bharatiya Sakshya Adhiniyam, 2023 aims to unify and establish standardized rules and principles of evidence to ensure fair trials in criminal cases. The previous Indian Evidence Act has become outdated and does not adequately address the requirements of the modern era. This new Bill intends to overhaul the evidence laws by updating them to reflect current public needs and aspirations.
Definition of Bharatiya Sakshya Adhiniyam (BSA) Section 42
Opinion as to existence of general custom or right, 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.
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.