Section 42 IPC: “Local law”

Indian Penal Code, 1860

Section 42 IPC at a Glance

Section 42 IPC defines the term “Local law”. From 1 July 2024 it is replaced by Section 2(18) BNS.

Punishment

None. Section 42 IPC creates no offence.

BNS Equivalent

Section 2(18) →

Section 42 IPC Bare Act Text

42. “Local law”

A “local law” is a law applicable only to a particular part of India.

Source: Section 42, Indian Penal Code, 1860

Section 42 IPC in Simple Words

Section 42 of the Indian Penal Code (IPC) defines the term local law. A local law is a law applicable only to a particular part of India. The section creates no offence and sets no punishment. It fixes the meaning of a term used in other sections, such as Section 40 IPC, which extends the word offence to a thing punishable under a local law in the places it lists.

Ingredients of Section 42 IPC

  • A law
  • Applicable only to a particular part of India

Punishment Under Section 42 IPC

Imprisonment

None. Section 42 IPC creates no offence.

Fine

None.

Section 42 IPC is a definition. It has no entry in the First Schedule to the CrPC.

Example of Section 42 IPC

In 2022 in Shimla, Anurag was detained by police for felling cedar trees on hill slopes in breach of a state statute in force only within Himachal Pradesh. While held for that breach, Anurag escaped from custody and was charged under Section 224 IPC, where the word offence includes a thing punishable under a local law. Because the state statute is a law applicable only to a particular part of India, it is a local law within Section 42 IPC.

When Section 42 IPC Does Not Apply

  • Section 42 IPC does not apply to a central statute that operates across the whole of India rather than only in a particular part of the country.
  • Section 42 IPC does not apply to the Indian Penal Code itself, which Section 40 IPC distinguishes from any local law.
  • Section 42 IPC does not apply to internal guidelines of a private business or society because they do not have the force of law.

Section 42 IPC in the BNS

Section 42 IPC is now covered under Section 2(18) BNS.

Section 2(18) BNS keeps the definition and changes one word. A local law means a law applicable only to a particular part of India, where the IPC said is. It is now clause 18 of the definitions section, with the term in lower case, in place of a section of its own.

View detailed comparison (IPC 42 vs BNS 2(18)) →

FAQs on Section 42 IPC

What does Section 42 IPC define?▼

The term local law, which it fixes as a law applicable only to a particular part of India.

What makes a law a local law under Section 42 IPC?▼

It must be a law, and it must be applicable only to a particular part of India. The section sets no other condition.

Under Section 42 IPC, why does the IPC define local law?▼

Other sections use the term. Section 40 IPC extends the word offence to a thing punishable under a local law in the places it lists, and Section 42 IPC fixes what a local law is.

Does Section 42 IPC create an offence?▼

No. It fixes the meaning of a term and sets no punishment.

Where is Section 42 IPC in the Bharatiya Nyaya Sanhita?▼

In Section 2(18) BNS, with the verb changed from is to means.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·