Meaning and Concept of Custom and Prescription
Custom and prescription are important sources of law in jurisprudence. Custom refers to a long-established practice or usage which, by continuous acceptance, becomes legally binding. It must be ancient, reasonable, certain, and not contrary to public policy. The principle of nasciturus pro iam nato habetur in certain customs shows law’s protective approach towards social practices. Prescription, on the other hand, refers to the acquisition of rights or extinguishment of obligations over a period due to continuous and uninterrupted enjoyment or use. In Indian law, prescription is mainly recognized under Section 3 of the Limitation Act, 1963, which prescribes time limits for enforcing civil claims. While custom relies on social acceptance, prescription is based on statutory time-bound conduct, both contributing to legal certainty.
Legal Recognition and Statutory Provisions
Indian law gives legal effect to customs and prescription under various statutes. Section 13 of the Transfer of Property Act, 1882, recognizes custom in transferring property for the benefit of a community or family. Customary laws are also respected in personal law matters, such as inheritance, marriage, and succession, provided they are reasonable and not in conflict with statutory law. Prescription is codified under the Limitation Act, 1963, which provides periods for filing suits, appeals, and execution of decrees. Section 5 allows condoning delays in exceptional circumstances. These statutory provisions ensure that both custom and prescription are legally enforceable while maintaining consistency with modern law.
Judicial Interpretation and Importance
Courts have consistently emphasized that customs must be proved and reasonable to gain legal recognition. In State of Bombay v. R.M.D. Chamarbaugwala (1957), the Supreme Court acknowledged the binding nature of certain business customs. Similarly, prescription under the Limitation Act is strictly applied to prevent stale claims and promote certainty in civil disputes. Both principles help reduce litigation, preserve social practices, and encourage legal stability. Custom reflects societal values, while prescription ensures that rights and obligations are exercised within a reasonable time. Together, they balance continuity, fairness, and certainty in law.
Real-Time Application
A real-time example of custom can be seen in tribal inheritance practices where land is traditionally divided according to customary rules, recognized by courts if reasonable. Prescription applies in property disputes; for example, a person in uninterrupted possession of land for 12 years may acquire ownership under Section 6 of the Limitation Act. These mechanisms prevent conflicts and protect established social and legal practices. Thus, both custom and prescription have practical relevance in resolving civil disputes and maintaining social harmony.
Mnemonic for Easy Understanding
A simple mnemonic to remember Custom and Prescription is “CRISP”. C stands for Custom – Community Accepted. R stands for Reasonable Practices. I stands for Incorporated in Law. S stands for Statutory Prescription. P stands for Period of Time. Remembering “CRISP” helps students recall the meaning, statutory basis, and practical importance of custom and prescription in law.
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