Custom: Definition, Types and Essential
Custom: Definition, Types, and Essentials
What is a Custom?
A custom in law is a practice or usage that has been continuously and uniformly followed by a community over a long period and has acquired the force of law. It is a source of law that operates based on the established and accepted behavior of people in a particular locality or group.
Definition of Custom
A custom is generally defined as:
“A practice which, by long usage and acceptance, has become obligatory on those subject to it.”
Characteristics of Custom
Long Usage
The practice must be ancient and followed over a long period.
Continuity and Uniformity
The practice must be consistent and uniformly followed.
Reasonableness
The custom must be reasonable and not opposed to natural justice or morality.
Certainty
It must be certain and clear in its terms and application.
Obligatory
The custom must be considered binding by the community.
Types of Custom
1. General Custom
Applies generally over a large area or country.
Example: Customs recognized throughout a nation.
2. Local Custom
Applies to a particular locality or community.
Example: Traditions unique to a village or tribe.
3. Custom of Trade (Trade Usage)
Practices followed in a particular trade or business.
Example: Payment terms in a certain industry.
4. Custom of a Particular Class
Followed by a specific class or group, like merchants or artisans.
Example: A custom among fishermen in a coastal town.
Essentials of a Valid Custom
| Essential | Explanation |
|---|---|
| Antiquity | The custom must be old enough to have been accepted as a rule. |
| Continuity | It should have been followed continuously without interruption. |
| Reasonableness | The custom must be fair, just, and not opposed to public policy. |
| Certainty | It must be clear and definite in meaning and operation. |
| Consistency | The custom should not conflict with existing laws or customs. |
| Obligatory Nature | The community must accept it as binding or compulsory. |
Case Law Illustrations
1. Ratan Lal v. Mohan Lal
Facts: Dispute arose over a local custom relating to inheritance.
Held: The court held that a custom must be reasonable, certain, and consistent with law to be binding.
Principle: Not every usage or practice qualifies as a custom; it must fulfill essential criteria.
2. M.C. Chockalingam v. Union of India
Fact: The case involved customs in trade practices.
Held: The court recognized trade usage as binding where it is well-known, certain, and reasonable.
Principle: Trade customs, if established, can govern contracts even if not written.
3. Naresh v. State
Fact: Local custom regarding property rights was disputed.
Held: The court emphasized the importance of antiquity and continuous acceptance to prove a custom.
Principle: A custom must be proved clearly by long usage and community acceptance.
Why are Customs Important in Law?
Customs fill gaps where statutory law is silent.
They reflect the social and cultural practices of communities.
They provide predictability and stability in social and commercial relations.
Summary Table
| Aspect | Details |
|---|---|
| Definition | Usage or practice followed as law by a community over time. |
| Types | General, Local, Trade, Class-specific customs. |
| Essentials | Antiquity, Continuity, Reasonableness, Certainty, Consistency. |
| Case Law | Ratan Lal v. Mohan Lal, M.C. Chockalingam v. Union of India |
Conclusion
A custom is a powerful source of law derived from long-established practices accepted as binding by a community. To be recognized legally, a custom must satisfy certain conditions like long usage, reasonableness, and certainty. Courts uphold customs that do not conflict with statutory law or morality and that serve the interests of justice.
RELATED Blog
0 comments