Introduction:

The term ‘law’ denotes different kinds of rules and principles. Law is an instrument which regulates
human conduct or behaviour.

Therefore, Law is a broader term which includes Acts, Statutes, Rules, Regulations, Orders,
Ordinances, Justice, Morality, Reason, Righteous, Rules of court, Decrees, Judgment, Orders of
courts, Injunctions, Tort, Jurisprudence, Legal theory, etc.

Meaning of Law:
The term law has been derived from the Latin term ‘Legam’ which means the body of rules.
The term law has been derived from the Latin term ‘Legam’ which means the body of rules.
LAW= DERIVED FROM LATIN WORD = LEGAM = BODY OF RULES
 Law in Hindu religion or jurisprudence = ‘Dharma’,
 Law in Islamic religion = ‘Hukum’,
 Law in Romans = ‘Jus’
 Law in France = ‘Droit’, and
 Law in Germany = ‘Richt’.
All these words convey different meaning. Thus, the term law has different meanings in different
places/societies at different times as it is not static and it continues to grow.
For example:- Law varies from place to place in the sense that while adultery is an offence in India
under Section 497 of IPC, it is not an offence in America.
Further, law differs from religion to religion in the sense of personal laws, e. a Muslim man can have
four wives at a time, but a Hindu can have only one wife living at a time. If a Hindu marries during
the lifetime of first wife he is declared guilty of the offence of bigamy under section 494 of IPC.
 Generally, the term law is used to mean three things:
o Legal Order: Firstly, it is used to mean ‘legal order’. It represents the regime of
adjusting relations, and ordering conduct by the systematic application of the force of
organized political society.
o Legal Precepts: Secondly, law means the whole body of legal precepts which exists
in an organised political society.
o Official Control: Thirdly, law is used to mean all official control in an organised
political society.
Definitions of Law:
It is very difficult to define the term law. Various jurists have attempted to define this term. Some of
the definitions given by jurists in different periods are categorized as follows:
(i) Idealistic Definitions: Romans and other ancient jurists defined law in its idealistic nature.
According to Salmond, “the law may be defined as body of principles, recognised and applied by the
State in the administration of justice”.
According to Gray-, “the law of the state or of any organised body of men is composed of the rules
which the courts, that is the judicial organ of the body lays down for the determination of legal rights
and duties.”
(ii) Definitions of Positivists:
Austin: Austin defined law as a command of sovereign backed by sanction. According to him there
are three elements of law, i.e
 command,
 duty
 sanction.
Thus, every law have a command and due to this command we have a duty to obey this command and
if don’t obey this command, then there is a sanction.
 H.L.A. Hart: He defined law as a system of rules- the primary and secondary rules.

(iii) Definition of Historical School of Law:

The chief exponent of the Historical school is Van Savigny.
Historical jurisprudence examines the manner or growth of a legal system. He says that the law is
not the product of direct legislation but is due to the silent growth of custom. He says that law is
found in the society, it is found in the custom.
(iv) Definition of Sociological School of Law:
This school defines the law on the basis of its effect on law and society and vice versa.
· Ihering definition of law: He says that law is a means to an end and the end of law is to serve its
purpose which is social and not individual.
· Roscoe Pound’s definition of law: He defines law as a social institution to satisfy social
wants. He says that law is a social engineering, which means that law is an instrument to balance
between the competing or conflicting interests.
(v) Realistic definition of Law:
It studies law as it is in its actual working and effects.
· Holmes J. considered the law to be part of judicial process. He says, “the prophesies of what
the courts will do, in fact and nothing more pretentions, are what I mean by law”.
It would thus be seen that no single definition of law can be treated as satisfactory
because law is ever changing in the dynamic fiber of its inherent element.

· Difference/Distinction between ‘the law’ and ‘a law’

The subject matter of jurisprudence being the study of law, it is necessary to understand the
distinction between the terms ‘the law’ and ‘a law’.
The term ‘the law’ or law connotes the whole legal system in its totality. It has been termed ‘jus droit’
in Latin.
According to Roscoe Pound, “The expression ‘the law’ or law means the legal system operating in a
country. On the other hand, the term ‘a law’ is termed as lex loci in Latin which means a particular
statute in its isolated form.”
According to Jeremy Bentham, the term ‘the law’ means – “neither more or less than the total of a
number of individual laws taken together.” Thus every Act or Statute of Parliament is called “a law”
whereas the aggregate of Acts comprising legal systems are known as ‘the law’ or ‘law’ of the
country.
Nature or Basic Features of Law:
Law may be described as a normative science, that is, a science which lays down norms and standards
for human behaviour in a specified situation or situation enforceable through the sanction of the state.
The concept of law may be understood by analysing the features common to all laws. Among these
features, the ones considered as essential or basic include:-
(i) Generality:- Law is a general rule of conduct. It does not specific the names of specific persons or
behaviours. Its generality is both in terms of individuals governed and in terms of the social behaviour
controlled. The extent of the generality depends upon on whom the law is made to be applicable.
For example:–
a. Everyone has the right to life, liberty and security of a person under Article 3 of the Universal
Declaration of Human Right (UNDHR). This law is made applicable to everyone on this
world, therefore, it is universal.
b. The State shall not deny to any person equality before law or the equal protection of laws
within the territory of India (Article 14 of the Constitution). This law is applicable to every
person residing in India, therefore, it is national in character.
(ii) Normativity:- Law does not simply describe or express the human conduct it is made to control,
but it is created with the intention to create some norms in the society. Law creates norms by
allowing, ordering or prohibiting the social behaviour. Under this heading, law can be classified as
follows:-
 Permissive Law:- It allows or permits subjects to do the act they provide. E., every person
who is arrested has a right to be produced before the nearest Magistrate within a period of
24hr. of his arrest. The term “has the right” used in this provision shows that subject is given
the right. So it is permissive law.
 Directive Law:- It orders, directs, or commands the subjects to do the act provided in the law.
It is not optional. E., if there is a contract between the parties that any particular act must be
performed by the parties themselves, then they must perform it personally. This is a directive
law.
 Prohibitive Law:- It discourages the subject from doing the act required not to be done. All
criminal laws are usually prohibitive laws. E., no one should enter the property of another
person against the will of that person.
(iii) Sanction:- Each and every member of society is required to follow the laws. Where there is a
violation of law, sanction should follow.
The term sanction is derived from the Roman word “Sanctio” which means that part of the
statute which imposes a penalty or has made some other provision for its enforcement. In general
sanction means ‘penalty’.
 Definitions of Sanction
a) Salmond defined sanction as an instrument of coercion by which any system of imperative
law is enforced. The state uses its physical force as a sanction for the administration of justice.
(b) According to Friedrick Pollock, sanction is modern sense means constant readiness of the
state to use its force for ensuring justice to be done to both i.e., for law abiding person as also
to the evil doer.
Kinds of Legal Sanction:-
Hibbert has classified legal sanctions under two broad headings
Whether Sanction is an Essential element of Law?
Legal thinkers or jurists are not unanimous on this point whether sanction is an essential element of
law. Some believe that it is an essential element while others believe that it is essential.

Functions/Purposes of Law
The law serves many purposes and function in society. Many jurists have expressed different views
about the purpose and function of law.
· For example:
According to Holland: “the function of law is to ensure well being of the society.” Thus it is
something more than an institution for the protection of individual’s rights.
According to Roscoe Pound: there are mainly four functions to law, i.e.
(a) maintenance of law and order in the society;
(b) to maintain status quo in society;
(c) to ensure maximum freedom of individuals; and
(d) to satisfy the basic needs of the people.
According to Salmond, “the object of law is to ensure justice. This justice may be distributive or
corrective. Distributive justice seeks to ensure fair distribution of social benefits among the members
of the community and corrective justice seeks to remedy the wrong”.
The following are the major functions or purposes of law:
 Establishing Standards: The law is a guidepost for minimally acceptable behaviour in
society. Some acts, e., are crimes because society (through legislative body) has determined
that it will not tolerate certain behaviours that injure or damage persons or their property. (for
example, it is a crime to cause physical injury to another person without justification, as it is
generally constitutes the crime of assault).
 Maintaining Order: Some semblance of order is necessary in a civil society and is therefore
reflected in law.
 Resolving Disputes: Disputes are unavoidable in a society made of persons with different
needs, wants, values and views. The law provides a formal means for resolving disputes – the
court system.
 Protecting Freedoms and Rights: Every person has some fundamental freedoms and rights
and it is the function of law to protect these freedoms and rights from violations by persons,
organisations or government. (For example, subject to certain exception, there is a
fundamental right of equality before law, i. every person is equal in the eyes of law and if any
person feels that his fundamental right is violated may approach the court for remedy.)
Theories Of The Functions Of Law
Different people have suggested different functons of the law in the society. But these various
functons of law can be categorized according to the following theories:
1. Consensus Model
2. Conflict or Pluralist Model
3. Open Model
4. Marxist Theory
1. The Consensus Model
This theory perceives law as protecting the societys shared beliefs or social values to which “everyone
in the society subscribes. According to this theory, the society is unitary having monolithic and
universally shared value system. Therefore, conflicts that may be in such society are on a personal
level.
2. Conflict or Pluralist Model
The law operates to harmonize conflicting This theory denies that there is a shared value system in the
society. Rather it contends that there exists conflictng groups, all of which are assumed to have equal
bargaining powers such that the constant interaction between them helps to attain social
stability and equilibrium. Under this theory, the state is a neutral arbiter providing only the machinery
for conflict settlement either through political debate or policy making. So, the law is used as tool for
harmonizing conflicting groups.
3. Open Model
According to this model, conflicts in society are between interest groups and can be resolved through
 Negotaton
 Arbitraton
 Litgaton
 Electoral process, etc.
without necessarily resulting to revolution.
4. The Marxist Theory
According to Karl Marx, primitive societies were free from antithesis or conflicts. That the law was
introduced as a tool of exploitation by the ruling class over the working class. This status quo will
continue as long as confrontation is avoided. Revolution is however the only effective way of
dethroning the ruling class and enthroning the working class. It is believed that only then will equality
be restored in the society.
Advantages and Disadvantages of Law:
As law is a dynamic concept and is instrument of bringing about desired social change in the society.
Its advantages are many but there are certain disadvantages as well.

Kinds/Classification of Law
As stated earlier, the term ‘law’ is used in different senses. It denotes different kinds of rules and
principles. The jurists have classified law according to their own legal perception.
· Salmond’s Classification of Law:
Salmond has referred to eight kinds of laws. These are:-
(1) Imperative Law: It means ‘a rule which prescribes a general course of action imposed by some
authority which enforces it by superior power either by physical force or any other form of
compulsion.
He further divided imperative law into two types:
(i) Divine law: It consists of the commands imposed by God upon men either by threats of
punishment or by hope of his blessings.
(ii) Human law: Human laws are the laws by analogy.
It is further divided into four different kinds:-
· Civil law: imperative law imposed and enforced by State is called civil law.
· Moral Law: imperative law imposed and enforced by members of society is moral law.
· Autonomic law: those enforced and enforced by different institutions or autonomous bodies,
like universities, airline companies etc.
· International law: those imposed upon State by the society of States and enforced partly by
international option and partly by the threat of war.
(2) Physical or Scientific Law: Physical laws are laws of science which are expression of the
uniformities of nature. They are not created by human and can’t be changed by human. They are
invariable forever. The examples of physical law are the law of gravity, law of air pressure etc.
Natural or Moral Law: Natural law is based on the principles of right and wrong. It also called
universal or eternal law, rational law. It embodies the (1) principles of morality and is devoid of any
physical compulsion. Many laws of the modern time are founded on the basis of natural law. E. law of
quasi contract, the conflict of law, law of trust etc. are founded on natural justice.
(2) Conventional law: It is the body of rules or system of rules agreed upon by persons for their
conduct towards each other. E., international law and rules of club or cooperative societies, rules of
game or sport are best examples of conventional law.
(3) Customary law: There are many customs which have been prevalent in the community from
time immemorial even before the States came into existence. They have assumed the force of law in
course of time. (e. under hindu personal law, a man can’t marry his brother’s widow, however, if there
is any custom which allows the same then the marriage will be valid). According to Salmond, “any
rule of action which is actually observed by men when a custom is firmly established, it is enforced by
State as law because of its general approval by the people.
(4) Practical or Technical Law: Practical laws are the rules meant for a particular sphere by human
activity, e. laws of health, laws of architecture.
(5) International law: It also knows as law of nations as it applies to States rather than individuals.
It consists of rules which regulate relations between the States inter-se.
(6) Civil Law: The law enforced by the State is called civil law and it contains sanction behind it.
Civil law is territorial in nature as it applies within the territory of the State concerned. Civil law
differs from special as the latter applies only in special circumstances.
Austin’s Classification of Law
John Austin has classified law into following categories
 Divine Law
 Human Law
 Positive Morality
He treats only divine law and human law as law in real sense of the term and does not consider
positive morality as law since it lacks sanction or binding force.
Holland’s Classification of Law:
He classified law according to their functions. He classified law into following five categories.
1. Private and Public law: Private law determines relationship between person and person
where as public law deals with relationship between person and the State. In private law, State
is only the enforcing authority while in public law, State is an interested and enforcing
party. Examples of private law: laws of property, contracts, torts, trusts etc .are instances of
private law. Example of public law: law of crimes,
Public law is further divided into two parts:
(a) Constitutional law: constitutional law includes all rules which directly or indirectly
affect the distribution or exercise of the sovereign power of the State. It is the body of those
legal principles which determines the Constitution of State.
(b) Administrative law: it describes in detail the manner in which the government shall exercise
those powers that were outlined in the constitutional law.
2 .General and Special Law: The territorial law of a country is called General Law. For example,
Indian Penal Code, Indian Contract Act are the general laws of the country because they have general
application throughout the territory of India. Besides the general law, there are certain kinds of special
laws. E. laws applicable to particular locality (the Punjab Police Act etc.).
3.Substantive and procedural law: Substantive law is that law which defines a right while
procedural law determines the remedies. Substantive law is concerned with ends which administration
of justice seeks to achieve while procedural law deals with the means by which those ends can be
achieved. (E. law of contract, transfer of property, law of crimes etc. are substantive law whereas the
Civil Procedure Code or Criminal Procedure Code are procedural laws.
4.Antecedent and Remedial Law: Antecedent law relates to independent specific enforcement
without any resort to any remedial law. (e., law relating to specific performance of a contract is the
best example of antecedent law). The remedial law provides for the remedy. (e. Law of torts, writs
etc. come within the category of this law)
5.Law in Rem and Law in Personam: Law in rem relates to enforcement of rights which a person
has against the whole world or against the people in general where as law in personam deals with
enforcement of rights available against a definite person or persons. (E. law of inheritance,
succession, ownership etc. are subject matter of law in rem, while the law of contract, trust etc. are
examples of law in personam).
Sources of law in jurisprudence
According to John Chipman Grey, who was a Harvard Law School professor, “the Law of the State
or of any organised body of men is composed of the rules which the courts, that is the judicial organ
of the body, lays down for the determination of legal rights and duties”.
Though Gray’s definition has been criticized for being narrow, he distinguished law from the sources
of law. According to him, law has evolved through case laws and sources of law are where we get the
content and validity of law from. Essentially, law refers to the rules or code of conduct and its sources
refer to the materials from which it gets its content.
 Types of sources of law
John Salmond, a legal scholar renowned for his ideologies on law in the field of jurisprudence,
classified the sources of law into mainly two categories ,i.e., material sources and formal sources.
1. Material sources
Material sources of law are those sources from which the law gets its content or matter, but not its
validity. There are two types of material sources which are legal sources and historical sources.
A. Legal sources
Legal sources are the instruments used by the state which create legal rules. They are authoritative in
nature and followed by courts of law. These are the sources or instruments that permit newer legal
principles to be created. According to Salmond, legal sources of English law can be further classified
into four categories-
 Legislation,
 Precedent,
 Customary law, and
 Conventional law.
B. Historical sources
Historical sources are sources that influence the development of law without giving effect to its
validity or authority. These sources influence legal rules indirectly. The difference between legal and
historical sources is that all laws have a historical source but they may or may not have a legal source.
Decisions given by foreign courts serve as an example for this kind of source.
2. Formal sources
Formal sources of law are the instruments through which the state manifests its will. In general,
statutes and judicial precedents are the modern formal sources of law. Law derives its force, authority,
and validity from its formal sources.
According to Keeton, the classification given by Salmond
was flawed. Keeton classified sources of law into the following:
A. Binding sources
Judges are bound to apply such sources of law in cases. Examples of such sources are statutes or
legislation, judicial precedents, and customs.
2. Persuasive sources
Persuasive sources are not binding but are taken into consideration when binding sources are not
available for deciding on a particular subject. Examples of such sources are foreign judgements,
principles of morality, equity, justice, professional opinions, etc.
Precedent as a source of law
Judicial precedents refer to the decisions given by courts in different cases. A judicial decision has a
legal principle that is binding on the subordinate courts. Once a court has delivered a judgement on a
particular case, the courts subordinate to it must abide by the precedent while deciding on similar
cases with similar facts. Some of the most influential judicial precedents in India are the following:
 Kesavananda Bharati v. the State of Kerala (1973): This case is what introduced the concept
of the basic structure doctrine in India, protecting the fundamental features of the Indian
Constitution from being removed.
 Gian Kaur v. the State of Punjab (1996): This judgement affirmed that the right to die does
not come within the scope of Article 21 of the Indian Constitution. The court affirmed that
every person has the right to die with dignity. The court also stated that the right to die in a
dignified manner is not the same as the right to die in an unnatural way.
 Maneka Gandhi v. the Union of India (1978): The court held Section 10(3)© of the
Passports Act, 1967 as void since it violated Article 14 and 21 of the Indian Constitution.
 Indra Sawhney v. the Union of India (1992): This judgement set a ceiling of 50% for
reservation of backward classes. It also held that the criteria of classifying groups as
backward classes cannot be limited to economic backwardness.
The doctrine of Stare Decisis
The authority of judicial precedents is based on the doctrine of stare decisis. The term stare decisis
means to not disturb the undisturbed. In other words, precedents that have been valid for a long time
must not be disturbed.
In India, subordinate courts are bound by the precedents of higher courts, and higher courts are bound
by their own precedents. But when it comes to High Courts, the decision of one High Court is not
binding on the other High Courts. Their decisions are binding on the subordinate courts. In cases
where there are conflicts between decisions of court with the same authority, the latest decision is to
be followed.
As per Article 141 of the Constitution of India, the Supreme Court’s decisions are binding on all the
courts across the country. However, the Supreme Court’s decisions are not binding on itself. In
subsequent cases where there are sufficient reasons to deviate from the earlier decision, the Supreme
Court can do so.
Doctrine of Res Judicata
The term res judicata means subject matter adjudged. As per this doctrine, once a lawsuit has been
decided upon, the parties are barred from raising the same issue in courts again, unless new material
facts have been discovered. They can’t raise another issue arising from the same claim either since
they could have raised the same in the previous suit.
Ratio Decidendi
As per Salmond, a precedent is a judicial decision that contains a legal principle with an authoritative
element called ratio decidendi. Ratio decidendi means reason for the decision. Whenever a judge gets
a case to decide on, he has to adjudicate it even when there is no statute or precedent concerning it.
The principle that governs such a decision is the reason for the decision which is also called ratio
decidendi.
Obiter Dicta
The term obiter dictum means mere say by the way. This term is used to refer to statements of law
that are not required for the case at hand. A judge may in the judgement of a case declare some legal
principles to be applied in a hypothetical situation. It does not have much impact or authority.
However, the subordinate courts are bound to apply the principles.
Types of precedents
1. Authoritative and Persuasive
Authoritative precedents are those precedents that must be followed by subordinate courts whether
they approve of it or not. They create direct and definite rules of law. They fall into the category of
legal sources of law. Persuasive precedents on the other hand do not create a binding obligation on the
judges. Persuasive precedents can be applied as per the discretion of the judge.
Authoritative precedents can be classified into the following two types:
A. Absolute authoritative
An absolutely authoritative precedent is binding on subordinate courts in an absolute manner and it
cannot be disobeyed even if it Is wrong.
B. Conditional authoritative
A conditionally authoritative precedent is binding on other judges but it can be disregarded in certain
special circumstances as long as the judge shows the reason for doing so.
2. Original and Declaratory
According to Salmond, a declaratory precedent is a precedent that simply declares an already existing
law in a judgement. It is a mere application of law. An original precedent creates and applies a new
law.
Factors increasing the authority of a precedent
 The number of judges constituting the bench that makes the decision.
 A unanimous decision has more weight.
 Approval by other courts, especially the higher courts.
 The enactment of a statute that carries the same law subsequently.
Factors decreasing the authority of a precedent
 Abrogation of judgement by reversal or overrule of a higher court.
 Abrogation of judgement by a statutory rule enacted subsequently.
  Affirmation or reversal of decision on a different ground.
 Inconsistency with the previous decision of a higher court.
 Inconsistency with previous decisions of the court of the same rank.
 Inconsistency with already existing statutory rules.
 Erroneous decision.
Legislation as a source of law
Legislation refers to the rules or laws enacted by the legislative organ of the government. It is one of
the most important sources of law in jurisprudence. The word legislation is derived from the words
legis and latum, where legis means law and latum means making.
Types of legislation
According to Salmond, legislation can be classified into two types-
1. Supreme legislation
Legislation is said to be supreme when it is enacted by a supreme or sovereign law-making body. The
body must be powerful to the extent that the rules or laws enacted by it cannot be annulled or
modified by another body. Indian Parliament cannot be said to be a sovereign law-making body as the
laws passed by the parliament can be challenged in the courts. The British Parliament, on the other
hand, can be said to be a sovereign law-making body since the validity of laws passed by it cannot be
challenged in any court.
2. Subordinate legislation
Legislation enacted by a subordinate law-making body is said to be subordinate legislation. The
subordinate body must have derived its law-making authority from a sovereign law-making body. It is
subject to the control of the supreme legislative body.
The following are the different kinds of subordinate legislation:
 Executive legislation: This is a form of subordinate legislation where the executive is granted
or conferred certain rule-making powers in order to carry out the intentions of the legislature.
 Colonial legislation: Many territories across the globe were colonised by Britain and such
territories were called colonies. The legislation passed by the legislature of such colonies was
subject to the control of the British Parliament.
 Judicial legislation: Courts also have a role in enacting laws that aid in regulating the internal
affairs and functioning of courts.
 Municipal legislation: Municipal authorities also possess the law-making power as they enact
bye-laws.
 Autonomous legislation: Another kind of legislation is autonomous legislation, which is
concerned with bodies like universities, corporations, clubs, etc.
 Delegated legislation: Sometimes legislative powers may be delegated to certain bodies by
the parliament through principal legislation. A principal act may create subsidiary legislation
that can make laws as provided in the principal legislation.
Custom as a source of law
Custom refers to the code of conduct that has the express approval of the community that observes it.
In primitive societies, there were no institutions that acted as authority over the people. This led to
people organising themselves to form cohesive groups in order to maintain fairness, equality, and
liberty. They started developing rules with coordinated efforts to make decisions. They eventually
started recognising the traditions and rituals practised by the community routinely and formed a
systematised form of social regulation.
In India, laws relating to marriage and divorce are mostly developed from customs followed by
different religious communities. Additionally, several communities belonging to the Scheduled Tribes
category have their own customs related to marriage. As a result of that Section 2(2) of the Hindu
Marriage Act, 1955 has exempted Scheduled Tribes from the application of this Act.
Requisites of a valid custom
 Reasonability: The custom must be reasonable or practical and must conform with the basic
morality prevailing in the modern-day society.
 Antiquity: It must have been practised for time immemorial.
 Certainty: The custom must be clear and unambiguous on how it should be practised.
 Conformity with statutes: No custom must go against the law of the land.
 Continuity in practice: Not only the custom must be practised for time immemorial, but it
should also be practised without interruption.
 Must not be in opposition to public policy: The custom must adhere to the public policy of
the state.
 Must be general or universal: There must be unanimity in the opinion of the community or
place in which it is practised. Hence, it should be universal or general in its application.
Sir Henry Maine’s views on customs
According to Sir Henry Maine, “Custom is conception posterior to that of Themistes or judgments”.
Themistes refers to the judicial awards dictated to the King by the Greek goddess of justice. The
followIng are the different stages of development of law according to Henry Maine:
 At the first step, law is made by rulers who are inspired by the divine. Rulers were believed to
be messengers of God.
 At the second stage, following rules becomes a habit of the people and it becomes customary
law.
 At the third stage, knowledge of customs lies in the hands of a minority group of people
called the priestly class. They recognise and formalise customs.
 The final stage is the codification of customs.
Types of customs
1. Customs without a binding obligation
There are customs that are followed in society that do not have a legal binding force. Such customs
are related to clothing, marriage, etc. Not abiding by such customs can only result in a social boycott
and not legal consequences.
 Customs with a binding obligation
Customs that are meant to be followed by law are called customs with a binding obligation. They are
not related to social conventions or traditions. There are mainly two types of customs with binding
obligations-
 Legal customs: Legal customs are absolute in sanction. They are obligatory in nature and
attract legal consequences if not followed. Two types of legal customs are general customs
and local customs. General customs are enforced throughout the territory of a state. Local
customs on the other hand operate only in particular localities.
 Conventional customs: Conventional customs are those customs that are enforceable only on
their acceptance through an agreement. Such a custom is only enforceable on the people who
are parties to the agreement incorporating it. Two types of conventional customs are general
conventional customs and local conventional customs. General Conventional Customs are
 practiced throughout a territory. Local Conventional Customs on the other hand is restricted
to a particular place or to a particular trade or transaction.
Difference between custom and prescription

Custom is generally observed as a course of conduct and is legally enforceable. Prescription refers to
the acquisition of a right or title.
When local custom applies to society, the prescription is applicable only to a particular person. For
example, when a person X’s forefathers have been grazing their cattle on a particular land for years
without restriction, X acquires the same right to graze his cattle on the land. The right acquired by X
is called a prescription. For a prescription to be valid, it must be practised from time immemorial. In
India, uninterrupted enjoyment for 20 years is essential to acquire a right to light and air as per the
Indian Easements Act, 1882.