LOCUS IN QUO

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

The maxim denotes the meaning “proof overcomes presumption”.

The maxim denotes the meaning “proof overcomes presumption”. This maxim gives the effect of placing upon the opposing party the burden of establishing the nonexistence of the presumed fact, once the party invoking the presumption establishes the underlying facts giving rise to it.

Hear the other side

The maxim denotes the meaning “hear the other side”, which means no person should be unheard and both parties will be provided the opportunity of being heard. Justice will be given to both parties. Audi alteram partem is derived from the Latin phrase “audiatur et altera pars”. It also denotes the same meaning. The maxim aims to ensure fair play and justice to the person who is affected. The maxim also promotes the concept of “Natural Justice”.