Lex Non Requirit Verificari Quod Apparet Curiae

“LEX NON REQUIRIT VERIFICARI QUOD APPARET CURIAE”

Literal meaning

Meaning of “Lex Non Requirit Verificari Quod Apparet Curiae” is “The law does not require that to be proved which is apparent to the court”.

Origin

It is a well established old maxim with Latin origin, which is still being used in this modern time. This maxim has been interpreted by various jurists and analyzed in different judgments.

 Explanation of Lex Non Requirit Verificari Quod Apparet Curiae

The maxim is used in India with the meaning that the law is not required to prove those things that are already understood by Court or clear in itself. For example, if there arises a difficulty in determining if there has been an erasure i.e. removal of written data or material recorded, the Court may demand proof, but not otherwise. To conclude, it can be said that the law doesn’t need to explain the thing which is already very clear in itself, and there is no doubt about it.

Case Reference

A.K. Saxena vs Union Of India, 2016

In its judgment, the Apex Court observed that an order deciding the guilt of a delinquent official must be made on basis of legally permissible evidence. Once the applicant has been confronted with such evidence and it was fully admissible in all the judicial and quasi-judicial proceedings under Section 36A of Central Excise Act,1944 r/w Section 108 of Customs Act, 1962, as sufficient evidence, the official cannot be allowed to derive any benefit from judgment. Here the maxim applies, that when the guilt is clearly understood from evidence, the law doesn’t need further explanation about it. The maxim was also applied in Roop Singh Negi case.

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