Wednesday, 26 January 2022

Kinds of law


Generally, there are many kinds of law which has been practising in India. In this article we are going to see some of the types of law. 

Public law: 

Public law is a branch of law which determines and regulates the organization and functioning of the State. It regulates the relation of the state with its subjects. Public law includes of constitutional law, Administrative law, criminal law, municipal law and international law. Criminal law will be enforced by the separate states under their control. 

Private law: 

Private law is the branch of law which regulates the relation of the citizens with one another. This private law mainly consists of the rights and duties of the persons and the individuals. Under the private law, the legal action is begun by the private citizen or a group of citizens. This kind of law includes contract, torts, Property laws, Succession laws and religion and family laws. This is also known as the civil laws. 

General law: 

General laws are the laws that consists of ordinary procedure and does not require any special condition for its enforcement and it is basically of three kinds, statutory law, law of equity and Common law. 

Special law: 

Special laws consists of legal rules which apply under special conditions. They are special and exceptional in their nature, sources or application. Hence it is treated outside the general and common law. The main types of special laws are local law, territorial law, personal law, conventional law, autonomous law, martial law, prize law, constitutional law, International law and Administrative law. 

  1. Local law:

       Local laws are special laws that applicable only for the particular place of the state. It is mostly customary by practice over long time. It may be also by enacted laws. Local customary law has its source in immemorial customs observed for an indefinite period in a particular locality. Example: certain functions and traditions in separate cities, and procedure of municipalities and corporations. 

  1. Territorial law: 

        Territorial law is a lex loci. It applies to all persons living in the territory of the state irrespective of their personal status. The law of contract, IPC, CRPC and CPC are some of the examples of territorial laws. 

  1. Conventional law: 

       Conventional law was generally stated as the agreement and contracts that binds the parties. Here the parties have voluntarily agreed to observe the law specified by the terms and conditions. The contract act is the best example for this law. 

  1. Martial law: 

       Martial law means the military law governing the armed forces at times of peace and war. Martial law is used for the suppression of ordinary law by military tribunals for the restoration of order and lawful authority. Martial law cannot be exercised in time of peace and it can only be administered at times of war. 

  1. Personal law : 

       This law arises by custom, usage of people of a particular religion like Hindus, Muslims, Christians, Parsis and others. Example: Hindu law is the example of the personal law. It is a law of personal status and its applicability is dependent upon the person being a Hindu. 


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