Opinion as to existence of right or custom, when relevant
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Summary
When the court must decide whether a general custom or right exists, opinions of people who would likely know about that custom or right are admissible as relevant evidence. "General" means common to a considerable class of persons. This lets the court rely on local knowledge when documentary proof is absent.
Example
Priya, a villager, says villagers have a customary right to draw water from a common well. The court may admit testimony or opinions from long-time villagers who would likely know whether that custom exists, and treat those opinions as relevant evidence about the right.
Bare Act
Enacted textWhen 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.
Explanations
The expression general custom or right includes customs or rights common to any considerable class of persons.
Illustrations
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.
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