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Diya Arvind   09 March 2022

legal maxim

what is the importance of the maxim of Abundans Cautela Non Nocet?


 1 Replies

Aarushi   09 March 2022

The maxim of Abundans Cautela Non Nocet literally means abundant caution does no harm. This Latin maxim usually is cited upon in the Court to justify some actions which were cautious, but by no means were necessary. It clearly conveys the point that it is better to be safe than sorry. Taking a little precaution and going that extra mile has not caused anyone any harm.

Madhuri Prabhakar Patole v. Aruna Satishchandra Gaikwad

In this case, the Court held that the reintroduction of Section 9A of the Civil Procedure Code was not inconsistent with any other law. Obtaining the President’s assent on the reintroduction would have acted as an extra caution, but that does not mean that the reintroduction should be repealed.

Thol. Thirumavalavan v. State of Tamil Nadu

In this case, the dead body of a Dalit boy was found near Thadangam Railway track. After the post-mortem was done, the Court gave orders to preserve the body, in case there was any future requirement for further examination in the course of the trail. Apart from this, the District Collector started the proceedings under Section 144 of the Criminal Procedure Code, since there was no harm in being cautious.

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