Legal Maxims

Maxims of the Law

Latin maxims that still shape criminal law and procedure in Indian courts, with their meaning in plain English.

31 maxims in five groups

Criminal Liability

Actus non facit reum nisi mens sit rea

The act does not make a person guilty unless the mind is also guilty.

Criminal Liability

Nullum crimen sine lege

There is no crime without a law that makes it one.

Criminal Liability

Nulla poena sine lege

There is no punishment without a law that provides for it.

Criminal Liability

Doli incapax

Incapable of crime: a child below the age of criminal responsibility.

Criminal Liability

Actus me invito factus non est meus actus

An act done by me against my will is not my act.

Criminal Liability

Ignorantia juris non excusat

Ignorance of the law is no excuse.

Criminal Liability

Ignorantia facti excusat

Ignorance of a fact may excuse.

Criminal Liability

Nemo debet bis vexari pro una et eadem causa

No one should be troubled twice for the same cause.

Criminal Liability

Nemo tenetur seipsum accusare

No one is bound to accuse himself.

Evidence and Proof

Ei incumbit probatio qui dicit, non qui negat

The burden of proof lies on the one who asserts, not on the one who denies.

Evidence and Proof

In dubio pro reo

When in doubt, decide for the accused.

Evidence and Proof

Falsus in uno, falsus in omnibus

False in one thing, false in all. Indian courts do not apply it as a rule of law.

Evidence and Proof

Nemo moriturus praesumitur mentiri

A person about to die is not presumed to lie.

Evidence and Proof

Res gestae

Things done: facts so connected with the event that they form part of the same transaction.

Evidence and Proof

Corpus delicti

The body of the crime: the facts which show that an offence was committed.

Evidence and Proof

Res ipsa loquitur

The thing speaks for itself.

Natural Justice

Audi alteram partem

Let the other side be heard.

Natural Justice

Nemo judex in causa sua

No one should be a judge in his own cause.

Natural Justice

Justitia nemini neganda est

Justice is to be denied to no one.

Natural Justice

Fiat justitia ruat caelum

Let justice be done though the heavens fall.

Natural Justice

Salus populi suprema lex esto

The welfare of the people shall be the supreme law.

Courts and Procedure

Ubi jus ibi remedium

Where there is a right, there is a remedy.

Courts and Procedure

Actus curiae neminem gravabit

An act of the court shall prejudice no one.

Courts and Procedure

Lex non cogit ad impossibilia

The law does not compel the impossible.

Courts and Procedure

Vigilantibus non dormientibus jura subveniunt

The law helps the vigilant, not those who sleep over their rights.

Courts and Procedure

Stare decisis

To stand by what has been decided.

Courts and Procedure

Habeas corpus

You may have the body: the writ against unlawful detention.

Courts and Procedure

Delegatus non potest delegare

One to whom a power is delegated cannot delegate it further.

Interpretation

Expressio unius est exclusio alterius

The express mention of one thing excludes others.

Interpretation

Generalia specialibus non derogant

General provisions do not override special ones.

Interpretation

Ut res magis valeat quam pereat

A provision is read so that it takes effect rather than fails.

General information only. Translations are given in plain English and are not a statement of how any court has applied a maxim in a particular case.

Let justice
be done.

Fiat justitia