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SOURCES OF LAW
Page 2


SOURCES OF LAW
SOURCES OF LAW
Sources of Law
(Salmond)
Formal Material
Legal 
Historical
Page 3


SOURCES OF LAW
SOURCES OF LAW
Sources of Law
(Salmond)
Formal Material
Legal 
Historical
Sources of Indian Law
Custom
Legal
Local
General
Conventional
Precedent
Binding
Persuasive
Legislation
Primary 
Legislation
Secondary 
Legislation
Page 4


SOURCES OF LAW
SOURCES OF LAW
Sources of Law
(Salmond)
Formal Material
Legal 
Historical
Sources of Indian Law
Custom
Legal
Local
General
Conventional
Precedent
Binding
Persuasive
Legislation
Primary 
Legislation
Secondary 
Legislation
REQUISITES OF VALID 
CUSTOM
1. Antiquity: Custom must be in existence from 
time immemorial
2. Continuity: Should have been continuously 
in existence from the time immemorial
? Example - Saptapadi
Page 5


SOURCES OF LAW
SOURCES OF LAW
Sources of Law
(Salmond)
Formal Material
Legal 
Historical
Sources of Indian Law
Custom
Legal
Local
General
Conventional
Precedent
Binding
Persuasive
Legislation
Primary 
Legislation
Secondary 
Legislation
REQUISITES OF VALID 
CUSTOM
1. Antiquity: Custom must be in existence from 
time immemorial
2. Continuity: Should have been continuously 
in existence from the time immemorial
? Example - Saptapadi
REQUISITES OF VALID 
CUST OM…
3. Reasonable: It must be useful and 
convenient to the society. 
4. Certainty: If a custom is vague or ambiguous 
it cannot be considered as a valid source of 
law.
5. Consistency: Difference or inconsistency in 
custom will amount to different rule of 
conduct for a given situation
6. Peaceful Enjoyment: enjoyed peaceably 
without any dispute in a law court or 
otherwise
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