What is opinion as to existence of right or custom, when relevant What is opinion as to usage, tenets, etc., when relevant What is opinion on relationship, when relevant Section 48, 49 and 50 of Indian Evidence Act 1872

Opinion as to existence of right or custom, when relevant, Opinion as to usage, tenets, etc., when relevant and opinion on relationship, when relevant are defined under section 48, 49 and 50 of Indian Evidence Act 1872. Provisions under these sections are:

Section 48 of Evidence Act "Opinion as to existence of right or custom, 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, or 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.


 

Illustrations

The right of the villages of a particular village to use the water of a particular well is a general right within the meaning of this section.

Section 49 of Evidence Act "Opinion as to usage, 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 or by particular classes of people, the opinions of persons having special means of knowledge thereon, we relevant facts.

Section 50 of Evidence Act "Opinion on relationship, when relevant"

When the Court has to form an opinion as to the relationship of one person to another, the opinion expressed by conduct, as to the existence of such relationship, of any person who, as a member of the family or otherwise, has special means of knowledge on the subject, is a relevant fact:

Provided that such opinion shall not be sufficient to prove a marriage in proceedings under the India Divorce Act, 1869 (4 of 1869) or in prosecutions under sections 494, 495, 497 or 498 of the Indian Penal Code, (45 of 1960)

Illustrations

(a) The question is, whether A and B, were married.
The fact that they were usually received and treated by their friends as husband and wife, is relevant.

(b) The question is, whether A was the legitimate son of B. The fact that A was always treated as such by members of the family, is relevant.

Illustration

An expert may give an account of experiments performed by him for the purpose of forming his opinion.

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