UBI JUS IBI REMEDIUM

The scene of the event

Locus in quo is a Latin maxim, which means “the scene of the event” or “the place in which”. In general sense it means the place where the cause of action arose, i.e. the place where something is alleged to have occurred.

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.

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