Executio Juris Non Habet Injuriam

Executio Juris Non Habet Injuriam

Literal Meaning

Execution of the law does no injury.

Origin

 There is a rule in Roman law, that the 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 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.

Illustration

‘A’ was asked by ‘CDF District Court’ to pay compensation of Rs. 15000 to ‘B’ committing the tort of negligence which led to the destruction of B’s property. Execution of the order of the court cannot be termed an injury, as the execution of the law does no injury.

Indian Law Position: 

In Indian law also the maxim ‘Executio Juris Nnon Habet Injuriam’ is found to be true.   

Case Referred

Shanmugam v. 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]

Suresh Mohan v. S. Lilly & Another

In the above mentioned case also the principle laid down in the maxim ‘Execution Juris Non Habet Injuriam’ was used.  [2]

Aswinikumar v. K. Maheswari

In the above-mentioned case following maxims were applied by the honorable High Court of Madras – 

a) Executio juris non habet injuriam – The execution of law does no injury

b) Lex nil facit frustra – The law does nothing in vain[3].

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.

Previous articleExceptio probat regulam
Next articleHow to change your pesonal details in voter ID?
I am 2 nd Year B.A LL.B (Hons.) student at Gujarat National Law University. I like to explore and write on topics of Cyber Laws, Intellectual Property Laws and Competition Laws. Further, to enhance my knowledge of Law I like to participate in moot court competitions. You can reach me at: vishwapatel683@gmail.com