Sections 48, 49 and 50 of Indian Evidence Act, 1872: Opinion on Custom, Usage and Relationship
Sections 48, 49 and 50 formed part of the law relating to relevancy of opinions under the Indian Evidence Act, 1872. This article explains the provisions as they stood immediately before the Bharatiya Sakshya Adhiniyam, 2023 came into force on 1 July 2024.
Section 48 - Opinion as to existence of right or custom, when relevant
Meaning and scope of Section 48
Section 48 made a knowledgeable person's opinion relevant when the Court had to decide whether a general custom or right existed. The witness was required to be a person who would be likely to know of the custom or right if it existed. The provision concerned relevancy of the opinion; the Court still had to assess its evidentiary weight with the other evidence in the case.
Section 49 - Opinion as to usages, tenets, etc., when relevant
Meaning and scope of Section 49
The section covered specialised social, familial, religious, charitable and linguistic knowledge. Its essential requirement was that the person giving the opinion had "special means of knowledge" concerning the matter on which the Court required assistance.
Section 50 - Opinion on relationship, when relevant
What "opinion expressed by conduct" means
Section 50 did not make every assertion about a family relationship relevant. The opinion contemplated by the section was one manifested through conduct by a person having special means of knowledge. The statutory illustrations treated social recognition of two persons as husband and wife, and consistent treatment of a person as a legitimate son by family members, as relevant examples.
Illustration (a): Where the question is whether A and B were married, the fact that their friends usually received and treated them as husband and wife is relevant.
Illustration (b): Where the question is whether A was the legitimate son of B, the fact that members of the family always treated A as such is relevant.
Difference between Sections 48, 49 and 50
- Section 48: opinion concerning the existence of a general custom or right.
- Section 49: opinion concerning usages, tenets, governance of religious or charitable foundations, or specialised local or class terminology.
- Section 50: opinion expressed by conduct concerning a relationship, from a person having special means of knowledge.
Position before the Bharatiya Sakshya Adhiniyam, 2023
Up to 30 June 2024, Sections 48 to 50 of the Indian Evidence Act, 1872 formed part of the statutory framework governing relevant opinion evidence. The Bharatiya Sakshya Adhiniyam, 2023 came into force on 1 July 2024 and repealed the Indian Evidence Act, 1872, subject to its saving provision. This article is limited to the legal position immediately before that change.
This page is for general legal information and reproduces the substance of the pre-1 July 2024 statutory provisions. Readers should verify the law applicable to the date and nature of their proceeding.