Jus respicit aequitatem

A Defendant's Mental State

This maxim refers to the state of mind of the defendant who is proved to be having ulterior motives when having committed a crime. Mens réa is defined in a statute which establishes the crime or sets a precedent from time to time. The teaching of Mens rea was applied in India by courts, now that mens rea is the most important component of an offence, as firmly settled by law. In addition, the offenses resulting from the Prevention of Food Adulteration Act, Drug Acts and Weights and Measurements Act are prohibited without any evidence of guilt and the criminal shall not be liable for the offense without the proof of any guilty knowledge or intention, as it also decided by the Hon’ble Supreme Court in the case of Sarjoo Prasad v/s State of U.P

“In deed”, “In fact” or “Actually”.

The literal meaning of “De Facto” is “in deed”, “in fact” or “Actually”. The word “De Facto” is of Latin origin, actually referring to something which does exist in fact, whether it may be recognized by lawful authority or not.

Less importance or Insignificant.

The legal maxim is of Latin origin and derived from the Latin word “de minimis” which means less importance or insignificant. The legal maxim denotes that “ law does not concern itself with trifles”. This legal principle states that judges will not sit in a case of minor offences of law, where the effect is very minor even though it is an illegal act. The principle is followed in the Section 95 of Indian Penal Code,1860. The section states that “Nothing is an offence by reason that it causes, or that it is intended to cause, or that it is known to be likely to cause, any harm, if that harm is so slight that no person of ordinary sense and temper would complain such harm”.