Qui non obstat quod obstare potest facere videtur

Qui non obstat quod obstare potest facere videtur

Literal Meaning

 He who does not prevent what he is able to prevent, is considered as committing the thing.

Explanation

The literal meaning of the maxim ‘Qui Non Obstat Quod Obstare Potest Facere Videtur’ means that the one who does not prevent what he is able to prevent, is considered as committing the thing. It is clear that there is an intention of malice where a person in able to prevent something and still he/she doesn’t prevent it.

Illustration

‘A’, a policeman was caught at a drug racket, applying the principle laid down by the maxim ‘ Qui Non Obstat Quod Obstare Potst Facere Videtur’ it was clear from the facts that ‘A’ was involved in smuggling of drugs.

Edited by Vigneshwar Ramasubramania

Approved & Published – Sakshi Raje

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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