Section 46 of Indian Evidence Act - Facts relevant when right or custom is in question

Section 46 Indian Evidence Act Description

Where the question is as to the existence of any right or custom, the following facts are relevant:?

(a) any transaction by which the right or custom in question was created, claimed, modified, recognized, asserted, or denied, or which was inconsistent with its existence;

(b) particular instances in which the right or custom was claimed, recognized, or exercised or in which its exercise was disputed, asserted or departed from.

Illustration

The question is, whether A has a right to a fishery. A deed conferring the fishery on As ancestors, a mortgage of the fishery by As father, a subsequent grant of the fishery by As father, irreconcilable with the mortgage, particular instances in which As father exercised the right, or in which the exercise of the right was stopped by As neighbours are relevant facts.

Click here to read more from the Indian Evidence Act - 1872.