Indian Legal Maxims You Should Know

 

Indian Legal Maxims You Should Know

---

✅ 1️⃣ Ubi jus ibi remedium
Where there is a right, there is a remedy.
If the law gives a right, it must also provide a way to enforce it.
📍 Example: In tort cases, when someone’s legal right is violated, they can claim damages.

---

✅ 2️⃣ Audi alteram partem
Hear the other side.
A fundamental principle of natural justice: no one should be condemned unheard.
📍 Example: Courts strike down administrative decisions made without giving the affected party an opportunity to be heard.

---

✅ 3️⃣ Nemo judex in causa sua
No one should be a judge in their own cause.
A person cannot be a judge in a matter where they have a personal interest.
📍 Example: Cases of bias or conflict of interest.

---

✅ 4️⃣ Res ipsa loquitur
The thing speaks for itself.
In negligence cases, the facts themselves indicate negligence, even without direct evidence.
📍 Example: A patient suffering injury from a surgical instrument left inside their body.

---

✅ 5️⃣ Actus non facit reum nisi mens sit rea
An act does not make a person guilty unless the mind is also guilty.
For criminal liability, both the guilty act (actus reus) and guilty mind (mens rea) are required.
📍 Example: Murder requires both the act of killing and the intention.

---

✅ 6️⃣ Volenti non fit injuria
To a willing person, no injury is done.
A person who knowingly consents to a risk cannot later complain of injury.
📍 Example: Injuries in a football match.

---

✅ 7️⃣ Ignorantia juris non excusat
Ignorance of the law is no excuse.
A person cannot escape liability by claiming they didn’t know the law.
📍 Example: Failing to pay tax and then claiming you were unaware of tax obligations.

---

✅ 8️⃣ Qui facit per alium facit per se
He who acts through another does the act himself.
A principal is responsible for the acts of their agent.
📍 Example: Employer’s liability for acts of an employee.

---

✅ 9️⃣ Salus populi suprema lex
The welfare of the people is the supreme law.
Public interest overrides private interests.
📍 Example: Government acquiring private land for public purposes.

---

✅ 🔟 Expressio unius est exclusio alterius
Express mention of one thing excludes others.
When something is specifically mentioned, things not mentioned are presumed to be excluded.
📍 Example: If a law mentions specific exceptions, no other exceptions can be implied.

---

---

🌟 Bonus: Maxims of Natural Justice

• Natural justice is a key theme in Indian law, especially in administrative and constitutional cases.

Core maxims:
✅ Audi alteram partem (Hear the other side)
✅ Nemo judex in causa sua (No one should judge their own case)