IPC Section 42: Local Law - Definition, Meaning and BNS Equivalent
Section 42 of the Indian Penal Code, 1860 defined a local law as a law applicable only to a particular part of India. The same definition is now found in Section 2(18) of the Bharatiya Nyaya Sanhita, 2023 (BNS).
Last reviewed: 28 October 2026
Definition under IPC Section 42
The statutory text of Section 42 of the Indian Penal Code, 1860 was:
This provision explained the territorial reach of a law. It was a definition, not a separate criminal offence, and did not itself prescribe a punishment.
Current law: BNS Section 2(18)
The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023) came into force on 1 July 2024, subject to the notified exception concerning Section 106(2). It replaced the IPC as the principal general penal statute for offences governed by the new law.
Section 2(18) of the BNS states:
The substance of the definition is unchanged. Read the official Bharatiya Nyaya Sanhita, 2023 text on India Code or the Ministry of Home Affairs new criminal laws portal.
Meaning and scope of a local law
A local law is identified by its geographical application. A statute or legally operative provision confined to a particular State, district, municipality or other specified part of India may qualify, depending on its actual territorial extent and governing text.
For example, legislation enacted for and operating only within a particular State may be a local law in the relevant context. The classification depends on where the law applies, not merely on the location of the authority that enacted it. A law of nationwide application is not a local law simply because a particular case arises in one State.
Difference between local law and special law
| Point | Local law | Special law |
|---|---|---|
| Defining feature | Applicable only to a particular part of India | Applicable to a particular subject |
| Former IPC provision | Section 42 | Section 41 |
| Current BNS provision | Section 2(18) | Section 2(30) |
| Basis of classification | Territorial scope | Subject matter |
A law may have both a restricted geographical scope and a particular subject matter. The categories are not necessarily mutually exclusive.
Relationship with the BNS and other legislation
Section 1(6) of the BNS provides that nothing in the Sanhita affects the provisions of any special or local law, or the specified laws concerning mutiny and desertion of personnel in government service. Accordingly, the BNS does not automatically displace a valid local law merely because it is a penal statute.
The precise relationship between provisions must still be assessed using the applicable enactments, their overriding or saving clauses, and relevant constitutional principles. The definition of local law alone does not resolve every conflict between statutes.
What happens to IPC Section 42 after repeal?
Section 358 of the BNS repeals the Indian Penal Code, 1860, while providing savings for specified prior operations, liabilities, proceedings and other matters. Therefore, IPC Section 42 remains relevant when interpreting IPC-era conduct and legal proceedings to which the repealed Code continues to apply under the savings provisions and other applicable law.
Frequently asked questions
What does IPC Section 42 mean?
It defined local law as a law applicable only to a particular part of India.
Which BNS provision replaces IPC Section 42?
The corresponding definition appears in Section 2(18) of the Bharatiya Nyaya Sanhita, 2023.
Is every State law automatically a local law?
Not necessarily. The actual territorial application of the enactment or relevant provision must be examined.
Does Section 42 IPC provide a punishment?
No. It is a definition provision, not an offence-creating or sentencing provision.
Official legal sources
- India Code - Bharatiya Nyaya Sanhita, 2023 (official Act PDF), especially Sections 1(6), 2(18), 2(30) and 358.
- India Code - BNS Act record.
- Ministry of Home Affairs - New Criminal Laws.
This article is general legal information and is not a substitute for advice on the facts of a particular matter.