Section 42 IPC - Meaning of Local Law
Section 42 of the Indian Penal Code, 1860 defined a "local law" as a law applicable only to a particular part of India. The definition identifies the territorial or geographical limitation that gives a law its local character for purposes of the IPC.
Section 42 of the Indian Penal Code 1860
A "local law" is a law applicable only to a particular part of India.
Meaning of Local Law Under Section 42 IPC
The defining feature of a local law under Section 42 was its territorial application. The law had to be applicable only to a particular part of India rather than operating generally throughout India.
Section 42 was a definition provision. It did not itself create an offence or prescribe punishment. Its purpose was to explain the expression "local law" when that expression was used in the IPC and in contexts where the IPC definition was applicable.
Essential Features of Section 42 IPC
- Section 42 formed part of the general explanations in Chapter II of the IPC.
- The provision defined the expression "local law."
- The defining criterion was application only to a particular part of India.
- The section was territorial in focus rather than subject-matter specific.
- Section 42 did not independently create criminal liability or prescribe a punishment.
Local Law and Special Law - Difference
Section 41 IPC defined a "special law" as a law applicable to a particular subject. Section 42, by contrast, defined a "local law" by reference to the geographical area in which the law applied.
| Provision | Expression | Basis of definition |
|---|---|---|
| Section 41 IPC | Special law | A law applicable to a particular subject. |
| Section 42 IPC | Local law | A law applicable only to a particular part of India. |
The distinction is therefore straightforward in the statutory language: a special law is identified by its subject, while a local law is identified by its territorial application.
Historical Amendments to the Wording of Section 42
The source text records the following historical changes to the territorial wording of Section 42:
- The Adaptation of Laws Order, 1948 substituted the then applicable wording for "British India."
- Act 48 of 1952, section 3 and the Second Schedule, omitted the words "the territories comprised in."
- Act 3 of 1951, section 3 and the Schedule, substituted "India" for "the States"; "the States" had itself been substituted by the Adaptation of Laws Order, 1950 for "the Provinces."
These amendment notes explain why older reproductions of the IPC may display superseded territorial expressions or editorial footnote markers within the text. For a clean statement of the pre-BNS provision, the operative definition is that a local law is a law applicable only to a particular part of India.
Section 42 and the Definition of Offence in Section 40
Section 40 IPC defined the word "offence" and, for specified IPC chapters and sections, referred to things punishable under a special law or local law as provided by that section. Sections 41 and 42 supplied the corresponding definitions of "special law" and "local law."
Accordingly, where the IPC used these expressions, the relevant provisions had to be read together. The precise effect in a particular case depended upon the language of the IPC section being applied and the law concerned.
Territorial Application Is the Key Element
The words "applicable only to a particular part of India" are central to Section 42. The provision therefore distinguishes a territorially limited law from a law whose operation is not confined in that manner.
Whether a particular enactment or provision qualifies as a local law requires examination of its territorial extent and operation. Section 42 provides the definition, but the scope of the law in question must be determined from that law itself and any applicable amendments or extension provisions.
Relationship with Nearby IPC Definitions
| IPC provision | Defined expression or subject |
|---|---|
| Section 39 | Voluntarily |
| Section 40 | Offence |
| Section 41 | Special law |
| Section 42 | Local law |
| Section 43 | Illegal and legally bound to do |
| Section 44 | Injury |
Section 42 Does Not Create an Independent Offence
Like Section 41, Section 42 was interpretive rather than offence-creating. A person was not punishable merely because a law was a local law. Any criminal liability had to arise under an applicable substantive penal provision.
This distinction helps separate the IPC's general definitions from provisions that define offences and prescribe punishment. Section 42 explains a statutory expression; it does not itself prohibit conduct.
Position Before the Bharatiya Nyaya Sanhita 2023
The Indian Penal Code, 1860 governed substantive criminal law before the Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. This article intentionally explains Section 42 in its pre-BNS setting. For a particular case, the governing law should be determined from the relevant date, territorial application and applicable transitional or savings provisions.
Note: This article provides general legal information about Section 42 IPC and is not a substitute for legal advice in an individual matter.