What are the essential conditions of a valid custom? Discuss. Explain any four.

Requisites of a Valid Custom A custom will be valid at law and will have a binding force only if it fulfils the following essential conditions: Immemorial (Antiquity): A custom to be valid must be proved to be immemorial; it must be ancient. According to Blackstone, "A custom, in order that it may be legal and binding must have been used so long that the memory of man runs not to the contrary, so that, if any one can show the beginning of it, it is no good custom". English Law places a limit to legal memory to reach back to the year of accession of Richard 1 in 1189 as enough to constitute the antiquity of a custom. In India, the English Law regarding legal memory is not applied. All that is required to be proved is that the alleged custom is ancient. Certainty: The custom must be certain and definite, and must not be vague and ambiguous. Reasonableness: A custom must be reasonable. It must be useful and convenient to the society. A custom is unreasonable if it is opposed to the principles of justice, equity and good conscience. Compulsory Observance: A custom to be valid must have been continuously observed without any interruption from times immemorial and it must have been regarded by those affected by it as an obligatory or binding rule of conduct. Conformity with Law and Public Morality: A custom must not be opposed to morality or public policy nor must it conflict with statute law. If a custom is expressly forbidden by legislation and abrogated by a statute, it is inapplicable. Unanimity of Opinion: The custom must be general or universal. If practice is left to individual choice, it cannot be termed as custom. Peaceable Enjoyment: The custom must have been enjoyed peaceably without any dispute in a law court or otherwise. Consistency: There must be consistency among the customs. Custom must not come into conflict with the other established customs.