No custom can create an offence as it essentially deals with civil rights of the parties
No custom can create an offence as it essentially deals with the civil rights of the parties and no person can be convicted of any offence except for violation of law in force at the time of commission of the act charged. Custom may be proved for the determination of the civil rights of the parties including their status, the establishment of which may be used for the purposes of proving the ingredients of an offence which, under Section 3(37) of the General Clauses Act, would mean an act or omission punishable by any law by way of fine or imprisonment. Article 20 of the Constitution, guaranteeing protection in respect of conviction of offence, provides that no person shall be convicted of any offence except for violation of law in force at the time of commission of the act charged as an offence. Law under Article 13 clause (3) of the Constitution means the law made by the Legislature including intravires statutory, orders and orders made in exercise of powers conferred by the statutory rules. The expression "custom and usage" has been defined under Section 3(a) of the Act as: "the expression 'custom' and 'usage' and rule which, having been continuously and uniformly observed for a long time, has obtained the force of law among Hindus in any local area, tribe, community, group or family:
Supreme Court of India
Dr.Surajmani Stella Kujur vs Durga Charan Hansdah & Anr on 14 February, 2001
https://www.lawweb.in/2013/09/no-custom-can-create-offence-as-it.html
