Section 43
Opinion as to usages, tenets, etc., when relevant
Reviewed by Ravi Sisodia · Last reviewed 10 October 2026
Official text of section 43 of the Bharatiya Sakshya Adhiniyam, 2023 (Chapter II: Relevancy of facts), with the matching section of the Indian Evidence Act, 1872.
Section 43, official text
When the Court has to form an opinion as to—
(i) the usages and tenets of any body of men or family;
(ii) the constitution and governance of any religious or charitable foundation;
(iii) the meaning of words or terms used in particular districts or by particular classes of people, the opinions of persons having special means of knowledge thereon, are relevant facts.
Source: The Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023), Gazette of India Extraordinary, in force from 1 July 2024. The signed Gazette controls.
Compared with the Indian Evidence Act, 1872
Section 43 replaces Section 49 of the Indian Evidence Act, 1872 (“Opinion as to usages, tenets, etc., when relevant”). The wording is largely the same, with drafting changes such as renumbered or lettered sub-clauses and updated terms. The 1872 Act was repealed by section 170 of the Adhiniyam, which saves proceedings pending on 1 July 2024.
Nearby sections
- Section 41 — Opinion as to handwriting and signature, when relevant
- Section 42 — Opinion as to existence of general custom or right, when relevant
- Section 44 — Opinion on relationship, when relevant
- Section 45 — Grounds of opinion, when relevant
Source and review trail
The text above is taken from the Gazette of India publication of the Act. Check later amendments and the signed Gazette before relying on it.
- Official text
- NCRB — Bharatiya Sakshya Adhiniyam, 2023, section 43