Question

Which of the following are characteristics of primitive law in reference to Indian tribes?
A. Collective responsibility
B. Breach of law affects only the individual
C. Territorial limitation
D. Evidences are usually based on oaths and ordeals
Choose the correct answer from the options given below:

• A. A, B and D only
• B. B, C and D only
• C. B and D only
• D. A, C and D only

Hint:

Remember that primitive law prioritizes community harmony and social order over individual rights as understood in modern law. Key concepts are collective responsibility, custom, and community-based justice, which contrasts with the individual-focused, state-enforced nature of modern legal systems.

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
Primitive law, or customary law, refers to the systems of rules and dispute resolution that exist in traditional, often non-literate societies, such as many tribal communities in India. These laws are typically unwritten and are based on long-standing customs, traditions, and community consensus rather than on formal, codified statutes.
Step 2: Detailed Explanation:
Let's analyze each characteristic:
- A. Collective responsibility: This is a key feature of many tribal legal systems. The community or kin group (clan, family) is often held responsible for the actions of its members. A crime committed by an individual is seen as an offense against another kin group, and the responsibility for restitution or the consequences of the act falls upon the offender's entire group. This promotes social cohesion and group control.
- B. Breach of law affects only the individual: This statement is generally incorrect and contradicts the principle of collective responsibility. In many tribal societies, a breach of law is considered to disrupt the social harmony of the entire community, not just the individuals directly involved.
- C. Territorial limitation: Customary laws are typically specific to a particular tribe or community and are applicable only within its geographical territory or among its members. The laws of one tribe are not generally binding on another.
- D. Evidences are usually based on oaths and ordeals: In the absence of modern forensic methods, traditional legal systems often rely on supernatural or ritualistic means to determine guilt or innocence. Oaths (swearing innocence before a deity or sacred object) and ordeals (subjecting the accused to a dangerous test) are common methods of evidence and judgment.
Step 3: Final Answer:
Based on the analysis, characteristics A, C, and D are typical features of primitive law in tribal societies. Characteristic B is not. Therefore, the correct combination is A, C, and D only.