📚 25 More Legal Maxims

• ⚖️ Actionable per se – The very act is punishable, and no proof of damage is required.
• 📜 Actori incumbit onus probandi – The burden of proof is on the plaintiff.
  This maxim is incorporated in section 101 of the Indian Evidence Act: [Now section 104 of the Bharatiya Sakshya Adhiniyam 2023]: “Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts must prove that those facts exist….”
• ⚖️ Actus Reus Non Facit Reum Nisi Mens Sit Rea – Conviction of a crime requires proof of a criminal act and intent. Or, an act does not make a person guilty without a guilty mind.
• 👶 Doli capax – Capable of forming necessary intent to commit a crime.
  Incorporated in section 83 IPC: [Now section 21 of the Bharatiya Nyaya Sanhita 2023]: “Nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding…”
• 🎁 Donatio mortis causa – Gift because of death. A future gift given in expectation of the donor’s imminent death and only delivered upon death.
• ❌ Falsus in uno falsus in omnibus – False in one thing, false in everything. This maxim is not followed in India.
• 📖 Factum probans – Relevant fact offered in evidence as proof of another fact.
• 🕵️‍♂️ Fraus est celare fraudem – It is a fraud to conceal a fraud.
• 🤯 Furiosis nulla voluntas est – A madman has no will. Incorporated in section 84 IPC [Now section 22 of Bharatiya Nyaya Sanhita 2023].
• ❓ Ignorantia facit doth excusat, Ignorance juris non-excusat – Ignorance of fact is an excuse, but ignorance of law is no excuse. Incorporated in section 79 IPC [Now section 17 of BNS 2023].
• 🏛️ Interest Reipublicae Ut Sit Finis Litium – It is in the interest of the state that litigation should end.
• 🛡️ Jus Necessitatis – Right to do what is required, without threat of legal punishment.
• ⚖️ Justitia nemini neganda est – Justice is to be denied to nobody.
• 📜 Lex Fori – The law of the country; law of evidence is lex fori.
• 🔄 Mutatis Mutandis – With necessary changes made or differences considered.
• 🧑‍⚖️ Nemo debet esse judex in propria causa – Nobody can be judge in their own case.
• ⏳ Nunc pro tunc – Now for then. A ruling applied retroactively to correct an earlier ruling.
• 🤝 Pacta Sunt Servanda – Agreements must be kept. Binding parties must perform in good faith.
• 🚫 Persona non grata – Unacceptable or unwelcome person.
• 🍷 Qui peccat ebrius luat sobrius – He who errs while drunk must be punished when sober. Incorporated in section 86 IPC [Now section 24 BNS 2023].
• 📄 Quo warranto – By what authority; a writ calling to show the authority of holding a public office.
• ⚡ Quod necessitas non habet legem – Necessity knows no law. Incorporated in section 81 IPC [Now section 19 BNS 2023].
• 📚 Ratio decidendi – Principle or reasoning underlying a court judgment.
• 🏛️ Salus populi est suprema lex – Public welfare is the supreme law. Incorporated in section 123 IE Act [Now section 129 BSA 2023].
• 🌩️ Vis major – Act of God.

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