Section 43 Bharatiya Sakshya Adhiniyam, 2023: Opinion as to usages, tenets, etc., when relevant

Section 43 of Bharatiya Sakshya Adhiniyam, 2023: Opinion as to usages, tenets, etc., when relevant

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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; or

(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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Court Sec 2(1)(a)

Legal Commentary & Landmark Judgments: Section 43

Section 43 governs the relevancy of opinions regarding usages, tenets of bodies of men or families, and the constitution and government of religious or charitable foundations.

Subject-Matter Scope: Pertains to internal religious customs, temple rituals, family usages, and institutional management traditions.
Special Knowledge Requirement: Restricted to persons possessing unique means of knowledge regarding the religious community or charitable trust.
Trust & Endowment Disputes: Frequently utilized in Section 92 CPC trust suits, Waqf adjudications, and Hindu religious endowment litigations.

Key Landmark Precedents:

Mahant Ram Saroop Dasji v. S.P. Sahi (AIR 1959 SC 951): The Supreme Court recognized that opinions of senior disciples and mahants are relevant under Section 49 IEA (Section 43 BSA) to determine whether a math or temple constitutes a public religious trust.
Tilkayat Govindlalji Maharaj v. State of Rajasthan (AIR 1963 SC 1638): Examined historical religious tenets and institutional succession through opinions of temple administrators and theologians.

Courtroom Practice & Strategic Litigation Guidance:

In charitable trust litigation, tender historical audit reports, sanads, and depositions of head priests detailing traditional ritualistic succession and property devolution under Section 43.