Section 43 BSA 2023: Opinion as to usages, tenets, etc., when relevant

Section 43 of the Bharatiya Sakshya Adhiniyam, 2023 deals with a limited class of opinion evidence. It makes the opinion of a person with special means of knowledge relevant when a Court must decide questions concerning usages or tenets, the constitution or governance of certain foundations, or the meaning of expressions used by particular districts or classes of people.

Law	Bharatiya Sakshya Adhiniyam, 2023
Act number	Act No. 47 of 2023
Provision	Section 43 - Opinion as to usages, tenets, etc., when relevant
Chapter context	Relevancy of facts - opinions of third persons when relevant
In force from	1 July 2024
Earlier corresponding provision	Section 49 of the Indian Evidence Act, 1872

Text and scope of Section 43

Section 43 - Opinion as to usages, tenets, etc., when relevant

When the Court has to form an opinion about any of the following matters, the opinion of a person having special means of knowledge on that matter is a relevant fact:

the usages and tenets of any body of men or family;
the constitution and governance of any religious or charitable foundation; or
the meaning of words or terms used in particular districts or by particular classes of people.

The provision does not make every opinion admissible. The person offering the opinion must have special means of knowledge concerning the particular usage, tenet, institution, expression, district or class in issue. The Court may then treat that opinion as a relevant fact, subject to the ordinary rules governing proof, credibility and weight.

What does "Court" mean under the BSA?

Section 2 of the Bharatiya Sakshya Adhiniyam defines "Court" broadly to include Judges and Magistrates, and persons legally authorised to take evidence, while excluding arbitrators. This definition helps identify the proceedings in which provisions such as Section 43 operate.

When can Section 43 become relevant?

Usages and tenets: where a dispute depends on a practice, belief, observance or accepted usage of a family, community or identifiable body of persons.
Religious or charitable foundations: where the Court must understand the constitution, internal governance or established administration of such a foundation.
Local or class-specific expressions: where a word or expression has a special meaning in a particular district, trade, community or class of people.
Special knowledge required: the relevance arises from the witness having a special basis of knowledge, not merely a personal belief or unsupported conclusion.

Relationship with Sections 42, 44 and 45

Section 43 forms part of a connected group of provisions dealing with opinion evidence. For a question about a general custom or right, see Section 42 BSA. For opinion on relationship, see Section 44 BSA. Where an opinion is relevant, the grounds on which that opinion is based may also become relevant under Section 45 BSA.

Difference between Section 42 and Section 43

Section 42 is directed to the existence of a general custom or right and permits the opinions of persons who would be likely to know of its existence. Section 43 is narrower in subject matter and focuses on usages and tenets, governance of religious or charitable foundations, and the special meaning of words or terms. In Section 43, the person must have special means of knowledge of the matter concerned.

Commencement and pending proceedings

The Bharatiya Sakshya Adhiniyam, 2023 came into force on 1 July 2024. Section 170 repealed the Indian Evidence Act, 1872, but preserves the earlier Act for applications, trials, inquiries, investigations, proceedings or appeals that were already pending immediately before the BSA commenced. For such saved matters, the corresponding earlier provision is Section 49 of the Indian Evidence Act, 1872.

Practical evidentiary point

A party relying on Section 43 should establish why the witness has special means of knowledge and should connect that knowledge to the precise usage, tenet, foundation, district, class or expression in dispute. Relevance under Section 43 allows the Court to receive the opinion; the Court still evaluates the reliability, basis and evidentiary weight of that opinion in the facts of the case.

Official legal sources

Last reviewed and updated: 12 September 2026.