Question

Which of the following is a source of "Customary Law" in India?

• A. The Indian Penal Code
• B. The Constitution of India
• C. Customs and practices followed over time
• D. Parliamentary Acts

Hint:

Customary law comes from long-standing community traditions, not written statutes. Think: ``Customs = Community practices with legal weight."

Answer 1

The Correct Option is C

Customary law arises from unwritten practices and traditions consistently followed by a community over time, gaining legal recognition. In India, such laws govern areas like marriage, inheritance, and tribal practices, especially in communities with established customs (e.g., Hindu or tribal traditions). These laws are valid if they align with constitutional principles and are often upheld by courts. The Indian Penal Code and Parliamentary Acts are codified laws enacted by the legislature, while the Constitution is the supreme legal framework, not a source of customary law. For instance, courts may recognize customary divorce practices if they meet legal standards.