Legal Maxim: De minimis non curat lex

Introduction

• “De minimis non curat lex” is a Latin legal maxim that translates to “The law does not concern itself with trifles.”

• This maxim means that the law does not concern itself with small, insignificant, or trivial matters. It conveys that courts and judges should not waste their time on minor issues that have little to no impact or consequence.

• In simple terms, it means that the Court is not legally required to pass judgment in cases of minor transgressions of the law. According to this maxim, courts shall not intervene in disputes where the substance of the controversy is minor, minimal, or insignificant. The maxim results in the summary dismissal of cases involving minimal disputes or controversies.

Origin

• The phrase “De minimis non curat lex” originates from Roman law, where it was used to indicate that the law should not concern itself with insignificant matters.

• The Latin word “De minimis” means ‘about minimal things,’ and the maxim means that the “law is not concerned with small things.”

• The legal history of “De minimis” dates back to the fifteenth century.

• As the legal system evolved, this maxim was adopted and adapted in various jurisdictions, including common law and civil law systems.

Legal Provisions

The maxim is reflected in Section 95 of the Indian Penal Code, 1860.

An act causing slight harms addressed under Section 95 of the Indian Penal Code of 1860: “Nothing is an offense by reason that it causes, or that it is intended to cause, or that it is known to be likely to cause, any harm, if that harm is so slight that no person of ordinary sense and temper would complain of such harm.”

Section 95 IPC (similar to Section 33, BNS, 2023) is founded on the maxim “De minimis non curat lex” (The Law takes no account of trifles). This section aims to prevent the penalization of negligible wrongs or offenses of trivial character. Whether an act amounts to an offense depends on the nature of the injury, the position of the parties, the knowledge or intention behind the act, and other related circumstances.

For example: If A enters a public carriage and slightly hurts Z by pushing the side of the carriage, A’s act may fall within the definition of this clause. The harm caused is minimal, and thus it may not be considered an offense.

The Honourable Supreme Court in Mrs. Veeda Menezes v. Yusuf Khan and another[1], held that Section 95 of IPC aims to prevent the penalization of negligible wrongs or offenses of trivial character.

Application of the Principle

• The principle “De minimis non curat lex” applies when the harm caused or intended is so slight that no person of ordinary sense and temper would complain. This principle is embodied in Section 95 of the Indian Penal Code, 1860.

• In the case of Narayanan v. State of Kerala,[2] the Hon’ble High Court of Kerala observed that the definition of various offenses can bring many activities within the letter of the penal law. If we follow the definition alone, it could be considered theft to take a pen from another person’s ink, mischief to crumble a wafer, or hurt to inconvenience someone by pressing against them in a carriage.

• Thus, the purpose of this provision is to avoid penalizing trivial acts. The degree of offense is a crucial factor when determining whether this principle applies.

• The Supreme Court in Rupan Deol Bajaj & another v. Kanwar Pal Singh Gill & another[3], noted that whether an act is trivial depends on the nature of the injury, the position of the parties, the knowledge or intention behind the act, and other related circumstances. There can be no absolute standard or degree of harm regarded as so slight that a person of ordinary sense and temper would not complain. It cannot be judged solely by the measure of physical or other injury the act causes. This legal proposition regarding Section 95 of IPC was reiterated.

Conclusion

“De minimis non curat lex” is a vital principle in law, guiding courts and legal professionals to prioritize substantial matters over trivial ones. While it has limitations and criticisms, this maxim remains essential for maintaining an efficient, proportionate, and just legal system.

The principle, translating to “The law does not concern itself with trifles,” is crucial for managing minor issues. Enshrined in Section 95 of the Indian Penal Code, it stipulates that negligible harm or trivial acts do not constitute an offense if no reasonable person would complain.

This principle helps prevent the legal system from being burdened with minor disputes and ensures that judicial resources are focused on matters of significant impact. Courts consider factors such as the nature of the harm, the parties’ intentions, and the context, rather than merely the extent of the physical harm.

By applying this principle, the law maintains proportionality and efficiency, addressing only cases that warrant serious legal attention. Thus, “De minimis non curat lex” supports a fair and streamlined legal process by excluding insignificant matters from judicial scrutiny.

[1] AIR 1966 SC 1773.

[2] 1986 SCC OnLine Ker 278.

[3]1995 SCC (6) 194.