Literal Meaning
Execution of the law does no injury.
Explanation
This principle of Roman Law provides that the Execution of the law itself cannot be called as an injury. It one who has been punished cannot claim damages for the loss suffered due to the punishment, as the punishment was the execution of the law and it is equivalent to no injury. Thus, he/she cannot ask for the damages in such case. The harm/damages suffered by the punished party cannot be considered as injury, as it is the execution of Law.
Indian Law Position:
In Indian law also the maxim ‘Executio Juris Nnon Habet Injuriam’ is found to be true.
Origin
There is a rule in Roman Law, that the execution of the law does no injury.
Case Reference
a. Shanmugam vs. Arthanari
In the above mentioned case the honorable High Court of Madras used the principle laid down in the maxim – ‘Executio Juris Non Habet Injuriam’.[1]
b. G. Suresh Mohan vs. S. Lilly & Another[2]
In the above mentioned case also the principle laid down in the maxim ‘Execution Juris Non Habet Injuriam’ was used.
c. Aswinikumar vs. K. Maheswari[3]
In the above mentioned case following maxims were applied by the honorable High Court of Madras – 1. Executio juris non habet injuriam – The execution of law does no injury 2. Lex nil facit frustra – The law does nothing in vain.
Edited by Vigneshwar Ramasubramania
Approved & Published – Sakshi Raje
Reference:
[1] Shanmugam v. Arthanari, 2010 SCC OnLine Mad 3408.
[2] G. Suresh Mohan v. S. Lilly & Another, 2010 SCC OnLine Mad 4009.
[3] Ashwinikumar v. K. Maheswari, 2010 SCC OnLine Mad 3412.
