IPC Section 10
📘 Text of Section 10 IPC:
"Local law"
The expression “local law” means law for the time being in force in any territory within which any matter or thing is to be done.
✅ Detailed Explanation:
1. What Does "Local Law" Mean?
Local law refers to any law that is currently in force in a specific geographic area or territory.
It is not limited to central or national law, but includes laws applicable in particular states, provinces, districts, or other territories.
2. Why Is This Important?
India is a federal country with a complex legal system where different laws may apply in different regions or states.
Some offenses or legal matters may depend on local laws specific to a territory.
The term helps clarify that when the IPC or any law refers to the law governing a particular place, it means the laws that apply at that place and time.
3. Examples of Local Law:
State laws or ordinances applicable only within a particular state.
Municipal bylaws that regulate local matters in a city.
Customary laws or regulations that might be specific to a region.
Laws enacted for specific Union Territories or regions with special legal status.
🧠 Context in IPC and Legal Application:
Sometimes, an act may be legal in one part of the country but illegal in another due to different local laws.
Section 10 clarifies that the IPC or any legal reference to law should be interpreted based on the law applicable to the place where the act or event occurs.
This is important in cases involving cross-border or interstate matters within India.
⚖️ Practical Implications:
Scenario | Application of Local Law |
---|---|
Selling alcohol in a state where it is banned | The local law prohibits it, so it is illegal there |
A municipal rule regarding noise pollution | Applies only within that municipal boundary |
A tribal customary law affecting certain communities | Recognized as local law in that tribal area |
✅ Summary:
Section 10 IPC defines “local law” as the law in force in any specific territory where an act is to be done or has taken place. This ensures clarity in applying legal provisions by taking into account the territorial jurisdiction and the particular laws applicable there.
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