 Customs can be described as a cultural idea

that defines a regular pattern of behavior,

which is considered a feature of life in social
order. Customs are one of the earliest
sources of law. Customs are important for
maintaining balance and peace in society.
Even today, customs are the basis of a large
number of laws. A Custom is any established
mode of social behaviour within the
community
 Studies of ancient societies show that the lives
of primitive peoples were dictated by custom
that developed during that time period due to
circumstances. When a certain activity is
performed in a certain way, many times, it
becomes a practice. Customs have played a
major role in the making of ancient Hindu laws.
 According to the historical school of
jurisprudence, custom is law per se, it does not
require state recognition. Law is essentially the
product of normal forces associated with the spirit
of each particular people and nothing is more
representative of these revolutionary processes
than the autonomous customs which are found to
exist in each community and which are indigenous
as its flora and fauna.
 Without Sanctions: – Customs without restrictions are
those which are not compulsory and are obeyed due to the
pressure of society. This is known as ‘positive morality’.
 With Sanctions: – Customs that have restrictions are
enforced by the ruling body. These are the customs that
we will deal with in law.
 Legal Customs: – Legal customs act as strict rules that are
followed by all and action is taken against whoever breaks
them. They are recognized by the courts and are part of
the law.
 Local Customs: – Local customs are those types of
customs that exist in a certain geographical area and are
thus part of the culture of that place. It is specific to that
place alone. However, when some communities migrate,
they carry their customs with them. And so, local customs
are then divided into two parts- geographical local custom
and individual local custom.

 General Custom: – A general custom is a
custom that is not specific to any one locality,
but is followed throughout the country or
whole nation. They are also part of the law.
 Conventional Custom: – A conventional
custom or usage is an established practice
that is legally binding, not because of an
independent authority having it
independently, but because it is expressly or
implied in an agreement.
 All customs are not accepted as sources of law,
nor can all customs be recognized and enforced
by the courts. Jurists and courts have conducted
some necessary tests for customs identified as
legitimate sources of law. These tests are
summarized as follows: –
 Antiquity: – If any custom need to be legally valid
then they must have existed for a long time, even
beyond human memory. In England, 1189 i.e. the
reign of Richard I King of England is fixed to
determine the validity of a custom.
 Continuous: – The custom of being valid should
have been in constant practice. It would have
been enjoyed without any interruptions. The
validity of the same is doubted by long intervals
and interrupted behavior of a custom.
 Continued…
 Exercise as a matter of right: – The custom should be
enjoyed openly and with community knowledge. It should
not have been practiced in secret. A custom must be
proved as a right. Just a questionable doubtful claim of
exercise of right is not enough for a valid custom.
 Reasonableness: – A custom must be in conformity to the
norms of justice and public utility. A custom, to be valid,
must be based on rationality and reason. If a custom is
likely to cause more inconvenience and mischief than
convenience, such custom will not be valid.
 Morality:- A practice that is unethical or opposed to public
policy may not be a valid practice. Courts declared many
customs invalid because they were practiced for an
immoral purpose or opposed to public policy.
 Status in this regard: – In any modern state, when a new
law is enacted, it is generally preferred to custom.
Therefore, it is imperative that a practice should not be
opposed or contrary to legislation. Many customs have
been abolished by laws made by legislative bodies. For
example, the practice of child marriage has been declared
a crime.