Opinions as to usages, tenets, etc., when relevant:
When the Court has to form an opinion as to—
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The usages and tenets of any body of men or family,
The constitution and government of any religious or charitable foundation; or
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.
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Comments:
The section admits the opinion of person who has special means of knowledge of any word or vocabulary used in any locality, language, religion, custom etc. Section 49 lays down that when the court has to form an opinion as to:
(i) Usages and tenets of any body of men or family;
(ii) The constitution and government of any religious or charitable foundation, or
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(iii) Meaning of words or terms used in particular district or by particular classes of people, the opinion of person who has special means of knowledge is relevant.
The section is applicable to the evidence given by a person who is alive. The evidence of a living person who has special means of knowledge or is very much acquainted with a particular word may be considered to be relevant. “The weight of opinion evidence, admitted under section 48, would depend on the position and character of the witness and of the persons on whose statement he has formed his opinion.”