Skip to main contentSkip to content
Knowledge Hubs
Indian Laws › Civil Procedure, Evidence and Enforcement › The Bharatiya Sakshya Adhiniyam, 2023 › Section 43
Bharatiya Sakshya Adhiniyam, 2023Section 43Chapter II - Relevancy of facts

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.

ActThe Bharatiya Sakshya Adhiniyam, 2023
ProvisionSection 43: Opinion as to usages, tenets, etc., when relevant
ChapterChapter II - Relevancy of facts
ReplacesSection 49 of the Indian Evidence Act, 1872 (“Opinion as to usages, tenets, etc., when relevant”)
Official textNCRB — Bharatiya Sakshya Adhiniyam, 2023, section 43

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 The 1872 Act was repealed by section 170 of the Adhiniyam, which saves proceedings pending on 1 July 2024.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

← PreviousNext →

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

More