Legal Maxims & Latin Terms for Law Students

Actus Non Facit Reum Nisi Mens Sit Rea

English: An act does not make a person guilty unless the mind is also guilty.

Significance: This is the foundation of criminal liability, requiring both a guilty act (actus reus) and a guilty mind (mens rea). Without criminal intent or knowledge, mere commission of an act does not constitute a crime (except in strict liability offences).

Example: A picks up B's umbrella from a stand, honestly believing it to be his own. A lacks mens rea and is not guilty of theft.

Actus Reus

English: The guilty act; the physical element of a crime.

Significance: Refers to the external, physical component of a criminal offence - the conduct, its circumstances, and its consequences. It must be voluntary. Together with mens rea, it constitutes a complete offence.

Example: In murder, the actus reus is the act of killing (e.g., firing a gun, stabbing with a knife).

Audi Alteram Partem

English: Hear the other side.

Significance: A fundamental principle of natural justice requiring that no person shall be condemned without being given an opportunity to be heard. Every quasi-judicial and judicial body must give both parties a fair hearing before passing any order.

Example: If a university expels a student without giving the student a chance to present their defence, the expulsion order violates this principle and can be quashed by the court.

Ab Initio

English: From the beginning.

Significance: Used to indicate that something was invalid or void from the very start, not just from the point of discovery or declaration. A void contract is void ab initio.

Example: A minor's agreement is void ab initio - it was never valid at any point.

Amicus Curiae

English: Friend of the court.

Significance: A person who is not a party to a case but is invited or permitted by the court to offer information, expertise, or legal arguments that bear on the case. Common in public interest litigation.

Example: In complex constitutional cases, the Supreme Court may appoint a senior advocate as amicus curiae to assist in understanding the issues.

Animus Possidendi

English: Intention to possess.

Significance: One of the two elements of legal possession (the other being corpus possessionis - physical control). To establish possession, a person must have both physical control and the intention to exercise that control.

Example: A thief has animus possidendi over stolen goods even though their possession is unlawful.

Autrefois Acquit / Autrefois Convict

English: Previously acquitted / previously convicted.

Significance: A plea that the accused has already been tried and acquitted (or convicted) for the same offence and cannot be tried again. This is the plea of double jeopardy, protected under Article 20(2) of the Constitution.

Example: If A is acquitted of murdering B, A cannot be tried again for the same murder.

Bona Fide

English: In good faith; genuinely; without fraud or deceit.

Significance: Actions taken honestly and without intent to deceive are protected in many areas of law. Good faith is a defence in numerous provisions of the IPC, contract law, and administrative law.

Example: A doctor who performs emergency surgery in good faith, following standard medical practice, is protected even if the patient suffers an adverse outcome.

Bona Vacantia

English: Goods without an owner; ownerless property.

Significance: Property that has no owner or whose owner cannot be found escheats (reverts) to the state. Under Indian law, the property of a deceased person who dies without heirs and without a will vests in the government.

Example: If a person dies intestate with no legal heirs, their property becomes bona vacantia and vests in the government.

Caveat Emptor

English: Let the buyer beware.

Significance: A principle of sale law placing the responsibility on the buyer to examine goods before purchase. The seller is not liable for defects that the buyer could have discovered through reasonable inspection. However, this principle has been significantly diluted by consumer protection legislation and the implied conditions/warranties under the Sale of Goods Act.

Example: A buys a horse at an auction without examining it. If the horse turns out to be lame and A could have discovered this by inspection, A cannot complain.

Certiorari

English: To be made certain; to be informed.

Significance: A writ issued by a superior court to a lower court or tribunal, directing it to transmit the record of proceedings for review. It is used to quash orders passed without jurisdiction, in violation of natural justice, or with an error of law apparent on the face of the record.

Example: If a tribunal passes an order without giving a hearing to the affected party, the High Court can issue certiorari to quash that order.

Consensus Ad Idem

English: Agreement to the same thing; meeting of minds.

Significance: A fundamental requirement for the formation of a valid contract. Both parties must agree to the same thing in the same sense (Section 13, Indian Contract Act).

Example: A offers to sell his car (a Maruti) and B accepts thinking A is selling his motorcycle. There is no consensus ad idem, and no valid contract is formed.

Corpus Delicti

English: The body of the offence; the substance of the crime.

Significance: Refers to the essential facts that constitute a crime. In murder cases, it refers not just to the dead body but to the proof that a crime has been committed. Conviction is possible even without recovery of the body if the prosecution proves the corpus delicti through other evidence.

Example: In a murder case where the body is not found, the prosecution can still prove the corpus delicti through circumstantial evidence, confessions, and witness testimony.

Damnum Sine Injuria

English: Damage without legal injury; loss without violation of a legal right.

Significance: Even if a person suffers actual loss, they have no legal remedy if no legal right has been violated. This principle distinguishes moral wrongs from legal wrongs.

Example: A opens a school next to B's school, causing B to lose students. B suffers financial loss but A has not violated any legal right of B. B has no remedy in tort.

De Facto

English: In fact; in practice; as a matter of fact.

Significance: Refers to something that exists in reality, regardless of whether it has legal recognition. Contrasted with "de jure" (by law). A de facto government exercises power without legal authority.

Example: A person who acts as a public servant and exercises power without proper appointment is a de facto officer. Acts done by a de facto officer are generally valid to protect the public.

De Jure

English: By right; by law; according to law.

Significance: Refers to the legal position or status, as opposed to the factual reality. Something that exists de jure has formal legal recognition.

Example: After a coup, the deposed government is the de jure government, while the military junta is the de facto government.

De Minimis Non Curat Lex

English: The law does not concern itself with trifles.

Significance: Courts will not entertain claims that involve trivial or insignificant matters. This principle prevents clogging of courts with petty disputes. Section 95 of the IPC reflects this principle by excusing acts that cause negligible harm.

Example: A slight push in a crowded bus that causes no injury will not be treated as the offence of assault by a court.

Delegatus Non Potest Delegare

English: A delegate cannot further delegate.

Significance: A person to whom powers or functions are delegated cannot sub-delegate them to another unless expressly authorised. This applies to agents (Section 190, Indian Contract Act) and to statutory authorities.

Example: If Parliament delegates legislative power to the government, the government cannot further delegate that power to a subordinate authority unless the parent statute expressly permits it.

Doli Incapax

English: Incapable of committing a crime.

Significance: Under Section 82 IPC, a child under seven years of age is conclusively presumed to be incapable of committing a crime. Under Section 83, a child between 7 and 12 may be exempted if lacking sufficient maturity of understanding.

Example: A five-year-old child who sets fire to a house cannot be prosecuted because the child is doli incapax.

Donatio Mortis Causa

English: A gift made in contemplation of death.

Significance: A gift made by a person who apprehends death from an existing illness or impending peril. It takes effect only upon the donor's death and is revocable if the donor recovers. Under the Transfer of Property Act, it must comply with certain formalities.

Example: A, believing he is about to die from a serious illness, gifts his watch to B. If A recovers, the gift is revoked. If A dies, the gift is valid.

Ejusdem Generis

English: Of the same kind or class.

Significance: A rule of statutory interpretation: when general words follow specific words, the general words are limited to things of the same class as the specific words. This prevents general terms from being given an unduly wide meaning.

Example: A statute lists "horses, cattle, sheep, and other animals." Under ejusdem generis, "other animals" would include domesticated animals similar to those listed, not wild animals like tigers.

Ex Parte

English: From one side only; on behalf of one party.

Significance: Proceedings or orders made at the request of one party without notice to the other. An ex parte order is provisional and may be set aside when the other party appears.

Example: In urgent cases, a court may grant an ex parte injunction to prevent irreparable harm, pending hearing the other party.

Ex Post Facto

English: After the fact; retroactively.

Significance: Article 20(1) of the Constitution prohibits ex post facto criminal laws - no person can be convicted of an offence that was not an offence at the time the act was committed, nor can a penalty greater than that applicable at the time of commission be imposed.

Example: If a new law criminalises an act that was legal when done, the person who did it before the law was enacted cannot be punished under the new law.

Expressio Unius Est Exclusio Alterius

English: The expression of one thing implies the exclusion of another.

Significance: A rule of interpretation: when a statute lists specific items, it is presumed that items not mentioned are intentionally excluded. The explicit mention of one thing implies the exclusion of others not mentioned.

Example: If a tax exemption statute lists "rice, wheat, and maize," other grains not mentioned (such as barley) are impliedly excluded from the exemption.

Fiat Justitia Ruat Caelum

English: Let justice be done though the heavens fall.

Significance: Expresses the principle that justice must be administered regardless of consequences. Courts must uphold the law and deliver justice even in the face of difficult circumstances.

Example: Invoked when courts make unpopular decisions that are nonetheless required by law and justice.

Force Majeure

English: Superior force; an extraordinary event beyond human control.

Significance: An event (like war, natural disaster, epidemic) that prevents a party from performing contractual obligations. It may excuse non-performance. Under Indian law, Section 56 of the Contract Act deals with impossibility of performance.

Example: A global pandemic makes it impossible for a hotel to host a wedding. The force majeure clause in the contract may relieve the hotel from liability for non-performance.

Functus Officio

English: Having discharged its duty; having performed its function.

Significance: Once an authority or court has completed its function or task in a matter, it has no further jurisdiction to reopen or reconsider the decision. The authority becomes functus officio.

Example: After an arbitrator renders the final award, the arbitrator becomes functus officio and cannot modify the award (except for clerical errors).

Habeas Corpus

English: You shall have the body; produce the body.

Significance: A constitutional writ commanding a person who is detaining another to produce the detained person before the court and justify the detention. It is the most important remedy for protection of personal liberty under Articles 32 and 226 of the Constitution. It is available against both state and private detention.

Example: If a person is detained in a police station beyond 24 hours without being produced before a magistrate, a writ of habeas corpus can be filed to secure their release.

Ignorantia Facti Excusat / Ignorantia Juris Non Excusat

English: Ignorance of fact is an excuse / Ignorance of law is no excuse.

Significance: A person who commits an act under a genuine mistake of fact may be excused (Sections 76, 79 IPC), but a person cannot escape liability by claiming ignorance of the law. Every person is presumed to know the law.

Example: If A takes B's bag thinking it is his own (mistake of fact), A is excused. But if A builds on B's land believing there is no law against encroachment (mistake of law), A is not excused.

In Pari Delicto

English: In equal fault; equally at fault.

Significance: When both parties to an illegal agreement are equally guilty, neither can seek the court's assistance. The court will leave them where they are. This principle prevents parties to illegal contracts from seeking judicial intervention.

Example: If A and B enter into an agreement to smuggle goods, and B fails to pay A's share, A cannot sue B because both are in pari delicto.

In Personam

English: Against the person; directed at a specific individual.

Significance: A right or action that is available against a particular person, as opposed to "in rem" (against the whole world). Personal rights are enforceable only against the person bound by the obligation.

Example: A contractual right is in personam - only the parties to the contract can enforce or be bound by it.

In Rem

English: Against the thing; against the world at large.

Significance: A right or proceeding that is enforceable against the whole world, not just a particular person. Property rights are generally in rem - the owner's right is good against everyone.

Example: A's ownership of land is a right in rem. Everyone is bound to respect it, not just the person who sold it to A.

Injuria Sine Damno

English: Legal injury without actual damage.

Significance: Where there is a violation of a legal right, the person whose right is infringed has a cause of action even if they suffer no actual monetary loss. This is the converse of damnum sine injuria.

Example: If a returning officer refuses to accept A's valid nomination paper without lawful reason, A has suffered an injury to his legal right even if another candidate with the same platform wins. A can sue (Ashby v. White, 1703).

Inter Alia

English: Among other things.

Significance: Used in legal documents and judgments to indicate that the matters being discussed are part of a larger list or set of issues, and only some are being specifically addressed.

Example: "The court considered, inter alia, the question of limitation, the validity of the contract, and the quantum of damages."

Ipso Facto

English: By the fact itself; by the very act.

Significance: Something that occurs automatically or as an inevitable consequence of a particular act or fact, without the need for any further action or judicial declaration.

Example: Upon the death of a sole proprietor, the proprietorship firm ceases to exist ipso facto.

Jus Cogens

English: Compelling law; peremptory norm.

Significance: A fundamental principle of international law from which no derogation is permitted. These are norms accepted and recognised by the international community as rules from which no departure is possible. Examples include prohibitions against genocide, slavery, torture, and crimes against humanity.

Example: No country can enter into a treaty that permits genocide, as the prohibition of genocide is a jus cogens norm.

Jus Naturale

English: Natural law; natural justice.

Significance: Refers to the body of law that is considered to be inherent in nature and discoverable by reason, as opposed to positive law enacted by legislatures. Natural law theory holds that certain rights and principles are universal and can be derived from human nature and reason.

Example: The right to life and liberty is considered a natural right, recognised across legal systems regardless of specific statutory provisions.

Jus In Rem / Jus In Personam

English: Right against the world / Right against a specific person.

Significance: Jus in rem is a right available against the entire world (e.g., ownership of property), while jus in personam is available only against a specific person (e.g., contractual rights). This classification is fundamental to understanding property law and obligations.

Example: A's right to his house (jus in rem) can be enforced against anyone who trespasses. A's right to receive payment from B under a contract (jus in personam) can be enforced only against B.

Jus Tertii

English: Right of a third party.

Significance: Generally, a person cannot defend an action by relying on the rights of a third person who is not a party to the proceedings. A defendant cannot set up the title of a stranger as a defence.

Example: If A sues B for trespass on A's land, B cannot defend by arguing that the land actually belongs to C (a third party), unless B is acting under C's authority.

Lex Fori

English: The law of the forum; the law of the court in which the case is tried.

Significance: In matters of procedure, the law of the court where the suit is filed governs the proceedings, regardless of the substantive law applicable. Procedural law is always the lex fori.

Example: An Indian court hearing a case involving a contract governed by English law will apply English substantive law but Indian procedural law (CPC/BNSS).

Lex Loci

English: The law of the place.

Significance: The law applicable to a transaction is often the law of the place where it occurred. "Lex loci contractus" (law of the place of the contract) and "lex loci delicti" (law of the place of the tort) are specific applications. This principle is important in private international law.

Example: If a contract is made in London, the validity of its formation may be determined by English law (lex loci contractus), even if the parties are Indian and the suit is filed in India.

Lex Non Cogit Ad Impossibilia

English: The law does not compel the impossible.

Significance: No one can be required by law to do something that is impossible. This principle underlies Section 56 of the Indian Contract Act (impossibility of performance) and the defence of impossibility in criminal law.

Example: If a contract requires delivery of goods from a warehouse that has been destroyed by fire, the law will not compel performance of an impossible act.

Locus Standi

English: Place of standing; the right to bring an action.

Significance: A person must have sufficient interest or standing to file a case. In traditional legal proceedings, only a person whose legal rights are affected has locus standi. However, in public interest litigation, the Supreme Court has liberalised the rule, allowing any person acting bona fide to file a petition on behalf of those who cannot approach the court themselves.

Example: In S.P. Gupta v. Union of India (1982), the Supreme Court expanded the concept of locus standi, allowing public-spirited citizens to file PILs for the enforcement of fundamental rights of disadvantaged groups.

Mandamus

English: We command.

Significance: A writ issued by a superior court directing a public authority, corporation, or inferior court to perform a public duty that it is bound to perform and has failed or refused to perform. It cannot be issued against a private individual (unless performing a public function), nor to enforce a private contractual obligation.

Example: If a municipal corporation refuses to provide water supply to a locality despite having a statutory duty, a writ of mandamus can be issued to compel it to perform its duty.

Mens Rea

English: Guilty mind; criminal intent.

Significance: The mental element required for the commission of a crime. Along with actus reus, it is an essential component of criminal liability. Different offences require different levels of mens rea: intention, knowledge, recklessness, or negligence.

Example: For the offence of murder, the mens rea is the intention to cause death or knowledge that the act is likely to cause death.

Modus Operandi

English: Method of operation; the manner in which a crime is committed.

Significance: The characteristic method used by a criminal. Evidence of modus operandi is relevant to establish identity (under Section 15 of the Bharatiya Sakshya Adhiniyam / Section 14 of the Indian Evidence Act, showing system or course of conduct), but must be used cautiously to avoid prejudice.

Example: If several burglaries are committed using the same method (e.g., cutting through the roof), evidence of modus operandi may help identify the burglar.

Mutatis Mutandis

English: With the necessary changes; changing what needs to be changed.

Significance: Used in legal drafting to apply a provision, with appropriate modifications, to a different but analogous situation. It avoids repetition by indicating that necessary adjustments should be made.

Example: "The provisions of Section 10 shall apply mutatis mutandis to applications under Section 15" means the provisions apply with appropriate modifications.

Nemo Debet Bis Vexari Pro Una Et Eadem Causa

English: No person should be tried twice for the same cause.

Significance: The doctrine of double jeopardy, protected under Article 20(2) of the Constitution and Section 300 CrPC (Section 358 BNSS). Once a person is acquitted or convicted for an offence, they cannot be tried again for the same offence on the same facts.

Example: If A is acquitted of theft of B's car, the prosecution cannot file a fresh case against A for the same theft.

Nemo Judex In Causa Sua / Nemo Judex In Re Sua

English: No one shall be a judge in their own cause.

Significance: A fundamental principle of natural justice (alongside audi alteram partem). A judge or decision-maker must not have any personal interest, financial or otherwise, in the matter being decided. Even a reasonable suspicion of bias is sufficient to disqualify.

Example: In A.K. Kraipak v. Union of India (1969), the Supreme Court quashed a selection because one of the selection committee members was himself a candidate. The principle of bias was violated.

Noscitur a Sociis

English: A word is known by its associates; it is known by the company it keeps.

Significance: A rule of interpretation where the meaning of a doubtful word is determined by reference to the words associated with it. Words in a statute take their meaning from the context and surrounding words.

Example: In a statute referring to "theatres, music halls, and other places of entertainment," the word "entertainment" would be interpreted to mean public performance venues similar to theatres and music halls.

Nullum Crimen Sine Lege

English: No crime without a law.

Significance: No person can be punished for an act that was not an offence under any law at the time it was committed. This is the principle of legality, enshrined in Article 20(1) of the Constitution.

Example: If cyber-stalking was not an offence when committed, a person cannot be prosecuted for it under a subsequently enacted law.

Obiter Dictum (plural: Obiter Dicta)

English: A remark made in passing; something said by the way.

Significance: Observations or comments made by a judge in a judgment that are not essential to the decision. Unlike the ratio decidendi (the reason for the decision), obiter dicta are not binding on lower courts, though they may carry persuasive value.

Example: If a court decides a case on the ground of limitation but also comments on the merits of the claim, the observations on merits are obiter dicta.

Onus Probandi

English: The burden of proof.

Significance: The obligation to prove a fact in dispute. In civil cases, the burden is generally on the plaintiff (balance of probabilities). In criminal cases, the prosecution bears the burden (beyond reasonable doubt). Specific provisions may shift the burden in certain cases (e.g., dowry death presumption under Section 113B of the Evidence Act).

Example: In a murder trial, the prosecution has the onus probandi to prove that the accused committed the act with the requisite mens rea.

Pacta Sunt Servanda

English: Agreements must be kept; contracts are binding.

Significance: A foundational principle of contract law and international law. Parties to a contract or treaty are bound to observe and perform their obligations in good faith. This principle underlies the enforceability of all contracts.

Example: Once A and B enter into a valid contract for the sale of goods, both parties are bound to perform their respective obligations (delivery and payment).

Par Delictum

English: Equal fault.

Significance: Similar to in pari delicto. When both parties are equally at fault in an illegal transaction, the law will not assist either. The court will leave the parties where they are.

Example: Both the briber and the bribe-taker are in par delictum; neither can sue the other for performance of the corrupt bargain.

Pari Materia

English: Of the same matter; on the same subject.

Significance: Statutes that deal with the same subject matter (in pari materia) should be read together and interpreted harmoniously. This is a rule of statutory interpretation.

Example: The Sale of Goods Act and the Indian Contract Act are in pari materia with respect to the formation of contracts for sale of goods and should be read together.

Per Curiam

English: By the court; a decision of the whole court.

Significance: A decision issued by the court as an institution, rather than by a specific judge. Per curiam decisions typically represent unanimous opinions or decisions on settled points of law.

Example: A Supreme Court order dismissing a Special Leave Petition in limine (without hearing arguments) is often a per curiam order.

Per Incuriam

English: Through carelessness or inadvertence.

Significance: A decision given per incuriam is one made without considering a relevant statutory provision or a binding precedent. Such a decision does not have binding authority and need not be followed by other courts.

Example: If a High Court delivers a judgment without considering a directly applicable Supreme Court precedent, that judgment is per incuriam and may be departed from.

Prima Facie

English: At first sight; on the face of it.

Significance: A prima facie case is one where the evidence presented, if taken at face value without rebuttal, is sufficient to prove the case. In criminal law, a prima facie case must be established before charges are framed. In civil law, it is relevant for interim orders.

Example: If the prosecution presents a witness who saw the accused at the crime scene with the murder weapon, a prima facie case is established, and the accused must answer the charge.

Pro Bono

English: For the public good; free of charge.

Significance: Legal services rendered voluntarily without charge, particularly for disadvantaged persons. Pro bono work is a professional obligation for lawyers in many jurisdictions. The Legal Services Authorities Act, 1987, mandates free legal services for certain categories of persons.

Example: A senior advocate represents an indigent prisoner in a habeas corpus petition without charging any fee.

Quantum Meruit

English: As much as deserved; as much as earned.

Significance: A claim for reasonable compensation for work done or services rendered when no fixed price was agreed upon, or when the contract is discharged before completion. It prevents unjust enrichment by compensating a party for the value of their contribution.

Example: A builder constructs half a building before the owner wrongfully terminates the contract. The builder can claim quantum meruit for the work already completed.

Quo Warranto

English: By what authority?

Significance: A writ issued to inquire into the legality of a person's claim to a public office. It prevents a person from holding a public office to which they are not entitled. It can only be issued against a public office of a substantive nature created by statute or the Constitution.

Example: If a person who is not qualified for a government post occupies it, a writ of quo warranto can be filed to challenge their right to hold that office.

Ratio Decidendi

English: The reason for the decision; the legal principle upon which the decision is based.

Significance: The binding part of a judgment that must be followed by lower courts. It is the legal rule or principle that is essential to the decision and forms the precedent. Distinguishing the ratio from obiter dicta is a critical skill in legal reasoning.

Example: In Kesavananda Bharati, the ratio decidendi is that Parliament's amending power does not extend to altering the "basic structure" of the Constitution.

Res Ipsa Loquitur

English: The thing speaks for itself.

Significance: A doctrine in tort law where the occurrence of an accident raises a presumption of negligence. When the thing that caused the injury was in the exclusive control of the defendant and the accident would not ordinarily occur without negligence, the burden shifts to the defendant to disprove negligence.

Example: A stone falls from a building onto a passerby. The res ipsa loquitur principle raises a presumption that the building owner was negligent.

Res Judicata

English: A matter already judged; a thing decided.

Significance: Under Section 11 CPC, a matter that has been finally decided by a competent court cannot be re-litigated between the same parties or their privies. The doctrine prevents multiplicity of proceedings and ensures finality of litigation.

Example: If A sues B for damages and the suit is dismissed on merits, A cannot file a fresh suit against B on the same cause of action.

Salus Populi Suprema Lex

English: The welfare of the people is the supreme law.

Significance: The safety and welfare of the public is the highest law. Government actions for public welfare may override individual rights in certain circumstances, subject to constitutional limits. This principle underlies police power, eminent domain, and public health measures.

Example: The government can impose lockdowns during a pandemic, restricting individual movement, because public welfare (salus populi) is the supreme consideration.

Sine Qua Non

English: Without which not; an essential condition.

Significance: Used to describe an indispensable or essential condition or element. In tort law, the "but for" test of causation uses this concept: the defendant's act is a sine qua non of the plaintiff's injury if the injury would not have occurred but for the act.

Example: Mens rea is a sine qua non for most criminal offences - without a guilty mind, the offence is not complete.

Stare Decisis

English: To stand by things decided; to follow precedent.

Significance: The doctrine that courts should follow the principles established in earlier decisions on the same legal issues. Under Article 141 of the Constitution, the law declared by the Supreme Court is binding on all courts in India. This doctrine ensures consistency, predictability, and equality in the application of law.

Example: Once the Supreme Court declares in Kesavananda Bharati that Parliament cannot alter the basic structure, all courts in India must follow this ruling.

Sui Generis

English: Of its own kind; unique.

Significance: Used to describe something that is unique or in a class by itself, not fitting into any existing category. Certain legal instruments, entities, or rights may be described as sui generis when they do not conform to established classifications.

Example: The Preamble of the Constitution has been described as sui generis - it is unique and does not fit neatly into the category of either operative provisions or mere introductory text.

Suo Motu

English: On its own motion; of its own accord.

Significance: When a court takes cognizance of a matter on its own initiative, without being approached by any party. The Supreme Court and High Courts often take suo motu cognizance of matters involving public interest, particularly based on newspaper reports of injustice.

Example: The Supreme Court took suo motu cognizance of the poor conditions in prisons and issued directions for prison reforms.

Terra Nullius

English: Land belonging to no one; nobody's land.

Significance: A concept in international law referring to territory not subject to the sovereignty of any state. Historically used to justify colonial appropriation of indigenous lands, this concept has been widely discredited and is no longer accepted in modern international law.

Example: The International Court of Justice rejected the terra nullius claim regarding Western Sahara, recognising that the land had established communities with political organisation.

Uberrimae Fidei

English: Of the utmost good faith.

Significance: Certain contracts, particularly insurance contracts, require the highest degree of good faith. Both parties must disclose all material facts that may influence the other's decision. Failure to disclose a material fact (even innocently) may render the contract voidable.

Example: In a life insurance contract, the insured must disclose all pre-existing medical conditions. Failure to disclose a heart condition makes the policy voidable at the insurer's option.

Ubi Jus Ibi Remedium

English: Where there is a right, there is a remedy.

Significance: A foundational principle of law: for every legal right that is violated, the law must provide a remedy. No right is complete without a corresponding remedy. This principle underlies the writ jurisdiction of constitutional courts and the evolution of PIL in India.

Example: Article 32 of the Constitution embodies this principle by providing the remedy of writs for enforcement of fundamental rights.

Ultra Vires

English: Beyond the powers; exceeding authority.

Significance: An act done beyond the scope of legal authority is ultra vires and void. This applies to statutory bodies, companies, government authorities, and subordinate legislation. An act beyond the powers conferred by statute or the Constitution is a nullity.

Example: If a municipal corporation passes a by-law that is not authorised by the statute creating it, the by-law is ultra vires and void.

Ut Res Magis Valeat Quam Pereat

English: It is better for a thing to have effect than to be made void.

Significance: A rule of interpretation preferring a construction that gives effect to a statute or document over one that would render it nugatory. Courts should try to validate legislative intent rather than defeat it.

Example: If a statute is capable of two interpretations, one that makes it constitutional and another that makes it unconstitutional, the court will prefer the interpretation that upholds the statute.

Vigilantibus, Non Dormientibus, Jura Subveniunt

English: The law helps those who are vigilant, not those who sleep over their rights.

Significance: The law of limitation is based on this principle. A person who fails to enforce their rights within the prescribed time limit loses the right to legal remedy. The Limitation Act, 1963, prescribes time limits for filing suits, appeals, and applications.

Example: If A has a right to sue B for breach of contract, but A waits for five years without filing suit, A's claim is barred by limitation (the limitation period for breach of contract is three years).

Volenti Non Fit Injuria

English: To a willing person, no injury is done; one who consents cannot complain of harm.

Significance: If a person voluntarily consents to the risk of harm, they cannot later sue for damages. This is a complete defence in tort law. However, consent must be free, informed, and voluntary; consent obtained by fraud or under duress is invalid.

Example: A spectator at a cricket match who is hit by a ball cannot sue the batsman, as the spectator voluntarily assumed the risk of such injury by attending the match.

Vox Populi Vox Dei

English: The voice of the people is the voice of God.

Significance: While not a strict legal maxim, this phrase is sometimes invoked in the context of democratic governance to emphasise popular sovereignty. The Preamble's "We, the People of India" reflects this principle. However, courts have cautioned that popular opinion cannot override constitutional values and fundamental rights.

Example: Even if a majority of the population supports a particular law, the courts can strike it down if it violates fundamental rights.

Res Gestae

English: Things done; the facts surrounding the transaction.

Significance: A rule of evidence under Section 6 of the Indian Evidence Act (Section 4 BSA) allowing admission of statements and acts that are so closely connected with the main transaction in time, place, and circumstances as to form part of the same transaction. Res gestae statements are an exception to the hearsay rule.

Example: A bystander's spontaneous exclamation "He stabbed him!" immediately after witnessing a stabbing is admissible as res gestae, even though it is technically hearsay.

Sub Judice

English: Under judicial consideration; before the court.

Significance: A matter that is currently being heard and decided by a court. While a matter is sub judice, comments or actions that may prejudice the proceedings or influence the court can constitute contempt of court. Section 10 CPC deals with stay of proceedings where a similar matter is sub judice.

Example: Media reporting on the merits of a sub judice criminal case may amount to contempt if it tends to prejudice the fair trial.

Sui Juris

English: Of one's own right; having full legal capacity.

Significance: A person who is sui juris has the legal capacity to manage their own affairs and enter into contracts. Adults of sound mind are generally sui juris. Minors, persons of unsound mind, and persons under guardianship are not.

Example: Upon attaining 18 years of age, a person becomes sui juris and can enter into contracts, own property, and sue in their own name.

Nemo Dat Quod Non Habet

English: No one can give what they do not have.

Significance: A transferor cannot transfer a better title than what they possess. If A does not own goods, A cannot pass valid title to B. This is a fundamental principle of property and sale law (Section 27, Sale of Goods Act). There are statutory exceptions: sale by mercantile agent, sale by one of joint owners, sale by person in possession under a voidable contract, and sale by an unpaid seller.

Example: If A steals B's car and sells it to C, C does not acquire valid title because A had no title to give (nemo dat quod non habet). B can recover the car from C.

Lex Posterior Derogat Legi Priori

English: A later law repeals an earlier law on the same subject.

Significance: When two statutes deal with the same subject and are inconsistent, the later statute prevails. This principle of implied repeal applies when reconciliation is not possible.

Example: If the BNS 2023 and the IPC 1860 contain inconsistent provisions on the same offence, the BNS prevails as the later enactment (for acts committed after 1 July 2024).

Locus Poenitentiae

English: A place or opportunity for repentance.

Significance: The opportunity to withdraw from a criminal enterprise before it reaches the stage of attempt. So long as a person has locus poenitentiae, their acts may be treated as mere preparation rather than attempt.

Example: A person who plans a robbery but abandons the plan before taking any step beyond preparation has exercised locus poenitentiae.

Nulla Poena Sine Lege

English: No punishment without a law.

Significance: No person can be punished for an act unless there is a law in force at the time of the act prescribing the punishment. This is a corollary of nullum crimen sine lege and is guaranteed by Article 20(1) of the Constitution.

Example: A court cannot impose a punishment that exceeds the maximum prescribed by the statute for the offence.

Dura Lex Sed Lex

English: The law is harsh, but it is the law.

Significance: However harsh a law may seem, it must be obeyed and enforced as long as it is valid. Courts must apply the law as it is, not as they wish it to be. This principle reinforces the rule of law.

Example: Even if a mandatory minimum sentence seems disproportionate in a particular case, the court must impose it if the statute so requires and the statute is constitutionally valid.

Restitutio In Integrum

English: Restoration to the original position.

Significance: A remedy that aims to restore the aggrieved party to the position they would have been in had the wrong not occurred. In contract law, this means restoring benefits exchanged. In tort law, it means making the injured party whole through damages.

Example: If a contract is rescinded for fraud, both parties must return whatever they received under the contract, restoring each to their pre-contractual position.

Actio Personalis Moritur Cum Persona

English: A personal action dies with the person.

Significance: Historically, certain personal causes of action (particularly in tort) did not survive the death of either party. This rule has been significantly modified by statute. Under the Legal Representatives' Suits Act, 1855, and similar provisions, many claims now survive death.

Example: A defamation claim traditionally died with the plaintiff. However, claims for property damage or breach of contract generally survive and can be pursued by legal representatives.

Aequitas Sequitur Legem

English: Equity follows the law.

Significance: Equity supplements the law but does not override it. Where the law has a clear provision, equity will not contradict it. Equitable remedies are available only when legal remedies are inadequate.

Example: Specific performance (an equitable remedy) is granted only when damages (a legal remedy) would be inadequate, as in cases involving unique property.

Cestui Que Trust

English: The beneficiary of a trust.

Significance: The person for whose benefit property is held in trust. The trustee holds legal title while the cestui que trust (beneficiary) holds the equitable or beneficial interest. The Indian Trusts Act, 1882, governs private trusts in India.

Example: If A transfers property to B to hold for the benefit of C, C is the cestui que trust (beneficiary) and has the right to enjoy the benefits of the trust property.