IPC 42 vs BNS 42
● Retained in BNSDefinition of “Local Law”
Section 42 of the Indian Penal Code (IPC), 1860, defines the term “local law.” It states that a local law is a law applicable only to a particular part of India. This provision is important because, while the IPC serves as a general penal code applicable throughout India, certain regions or states may have their own laws tailored to local conditions.
For example, laws passed by state legislatures, such as the Bombay Prohibition Act, 1949 in Maharashtra or state-specific tenancy and land reform laws, fall under the category of local laws. These are not applicable to the whole country but are binding within the territorial jurisdiction of the state or region where they are enacted.
The purpose of Section 42 is to distinguish between general laws that apply nationwide and laws that have a restricted territorial application. By clarifying the meaning of “local law,” the IPC ensures that courts and authorities correctly interpret the scope of legal provisions when offences are governed by region-specific legislations. Thus, IPC 42 provides an essential definition to maintain harmony between central and state penal frameworks.
Definition of “Local Law”
Section 42 of the Bharatiya Nyaya Sanhita (BNS), 2023, retains the same definition of “local law” as provided under Section 42 of the IPC. It states that a local law is any law applicable only to a particular part of India. This reflects continuity between the old and new penal codes, ensuring no ambiguity in interpreting the term.
Local laws continue to play an important role in India’s federal structure, where both Parliament and state legislatures have the power to enact laws. For example, the Kerala Police Act or state-specific excise and municipal legislations are categorized as local laws. These apply only within the territorial boundaries of the concerned state or union territory.
By maintaining the same definition, BNS 42 acknowledges the coexistence of national and regional legal frameworks. It helps clarify the scope of application whenever a criminal provision refers to “local law.” This ensures smooth coordination between general penal provisions under the BNS and the localized rules framed by states to meet regional needs. Thus, BNS 42 continues the established principle of recognizing state-specific laws as part of India’s criminal law framework.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 42 to BNS BNS 42.