IPC Section 42
π Text of Section 42 IPC:
"Local law to prevail in case of conflict with general law."
If any general law is in conflict with any local law, the local law shall prevail in the territory to which such local law extends.
β Detailed Explanation:
1. Meaning of Section 42:
This section provides a rule of precedence between a general law and a local law.
When there is a conflict or inconsistency between a general law (law that applies broadly) and a local law (law specific to a territory), the local law overrides and prevails in that territory.
2. What is a Local Law?
As defined in Section 10 IPC, "local law" means the law in force in a particular territory.
Local laws may include state laws, municipal bylaws, or regional regulations.
3. What is a General Law?
A general law is a law that applies uniformly across a wider area (often the entire country) or is not limited to a specific territory.
Examples include the IPC itself, central legislations, or laws passed by the Parliament applying throughout India.
4. Why is Section 42 Important?
Indiaβs legal system is federal with both central and state laws.
Sometimes state laws (local laws) may differ from or contradict central laws (general laws).
Section 42 clarifies that in such situations, the local law will prevail in the territory where it applies.
This respects the autonomy of states and local authorities to legislate on certain matters.
5. Examples:
| Situation | Outcome Under Section 42 |
|---|---|
| A state law allows a practice banned under central law | The state law will prevail within that state |
| Municipal bylaws conflict with national laws | Municipal bylaws will prevail within the municipality |
| Local customs or regulations differ from general laws | Local rules take precedence in that locality |
6. Limitations:
This section applies only when there is an actual conflict or inconsistency.
Local law prevails only within the territory where it applies; it does not override general law elsewhere.
The supremacy of local law does not extend to areas exclusively reserved for central government legislation (like defense or foreign affairs).
β Summary:
Section 42 IPC states that when there is a conflict between a general law and a local law, the local law shall prevail within the territory it governs. This provision upholds the principle of territorial jurisdiction and respects local legal autonomy.
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