Chandra, Singh, Subhash
Recognition of Naga customary law and practices in criminal sphere - Journal of the Indian Law Institute - 65(4), Oct-Dec, 2023: p.378-396
In tribal belt, particularly in the Northeast the civil and criminal cases are decided by tribal courts by applying customary laws. The dispute settlement procedures are initiated, processed and decided by traditional institutions without any approach to the formal law enforcement agencies or regular court system, however there may be the cases when people prefer to quasi-formal courts where they are integrated with modern development. There are cases of some tribal communities that derecognise the institutions of police and formal courts. They resolve their disputes through local bodies. But once the criminal case is referred to the police or other law enforcement agencies of formal criminal justice system and the matter is brought within the purview of the national legal system, the relevant criminal law statutes concerning the offences, exceptions, defences and procedures make very few reference to customary law and practices. Within the Northeast region the interface between introduced law and customary law is less visible in the field of criminal law and procedures than in personal affairs and some other areas, such as marriage, divorce, inheritance, land issues, natural resources, etc.- Reproduced
http://14.139.60.116:8080/jspui/bitstream/123456789/48195/1/29_Recognition%20of%20Naga%20Customary%20Law%20and%20Practices%20in%20Criminal%20Sphere.pdf
Recognition of Naga customary law and practices in criminal sphere - Journal of the Indian Law Institute - 65(4), Oct-Dec, 2023: p.378-396
In tribal belt, particularly in the Northeast the civil and criminal cases are decided by tribal courts by applying customary laws. The dispute settlement procedures are initiated, processed and decided by traditional institutions without any approach to the formal law enforcement agencies or regular court system, however there may be the cases when people prefer to quasi-formal courts where they are integrated with modern development. There are cases of some tribal communities that derecognise the institutions of police and formal courts. They resolve their disputes through local bodies. But once the criminal case is referred to the police or other law enforcement agencies of formal criminal justice system and the matter is brought within the purview of the national legal system, the relevant criminal law statutes concerning the offences, exceptions, defences and procedures make very few reference to customary law and practices. Within the Northeast region the interface between introduced law and customary law is less visible in the field of criminal law and procedures than in personal affairs and some other areas, such as marriage, divorce, inheritance, land issues, natural resources, etc.- Reproduced
http://14.139.60.116:8080/jspui/bitstream/123456789/48195/1/29_Recognition%20of%20Naga%20Customary%20Law%20and%20Practices%20in%20Criminal%20Sphere.pdf