“Ratio Decidendi and Obiter Dicta”

ROUGH DRAFT SUBMITTED IN THE PARTIAL FULFILMENT OF THE COURSE

LEGAL ENGLISH

SUBMITTED TO:

Dr. Pratyush Kaushik

ASSISTANT PROFESSOR

SUBMITTED BY:

NAME: WAQUAR AHMAD

COURSE: B.B.A. LL.B (Hons.)

ROLL NO: 1984

SEMESTER: 1ST

CHANAKYA NATIONAL LAW UNIVERSITY, NYAYA NAGAR,

MITHAPUR, PATNA - 800001
 INTRODUCTION

 Obiter dicta: All that is said by the court by the way or the statements of law which go beyond
the requirements of the particular case and which lay down a rule that is irrelevant or
unnecessary for the purpose in hand.
 Ratio decidendi: This is what the court decides generally, it is the rule of law for which the
judgment is an authority. It is the only part which is conclusive as against the persons who are
not parties to the case.
 The term obiter dicta literally means statements by the way. In Halsbury Laws of England, it has
been defined as statements which are not necessary to the decision, which go beyond the
occasion and lay down a rule that is unnecessary for the purpose in hand (usually term dicta)
leave no binding authority on another court, though they may have some merely persuasive
efficacy.
 The ratio decidendi is one of the most powerful tools available to a lawyer. With a proper
understanding of the ratio of a precedent. The advocate can in effect force a lower court to
come to a decision which that court may otherwise be unwilling to make, considering
the facts of the case.
 The search for the ratio of a case is a process of elucidation; one searches the judgment for
the abstract principles of law which have led to the decision and which have been applied to
the facts before the court. As an example, the ratio in Donoghue v. Stevenson would be
that a person owes a duty of care to those who he can reasonably foresee will be affected by
his actions.
AIMS AND OBJECTIVES

1. The researcher tends to analyse “Ratio Decidendi and Obiter Dicta”.

2. To analyze the impact of Ratio Decidendi and Obiter Dicta in India.

3. To give comparison between Ratio Decidendi and Obiter Dicta.

RESEARCH METHODOLOGY

The researcher will be relying on Doctrinal method of research to complete the project.

SOURCES OF DATA

The researcher will be relying on both primary and secondary sources to complete the project.

1. Primary Sources: Acts & Articles

2. Secondary Sources: Books, newspapers, journals and websites..

 Concerned Cases:

BIBLIOGRAPHY:

The researcher has consulted following sources to complete the rough proposal:

PRIMARY SOURCES:

1. Section 124(A) of IPC

SECONDARY SOURCES:

1. WEBSITES:

a. http://indiatoday.intoday.in/education/story/indian-sedition-law/1/597316.html

b. http://www.indianlawcases.com/Act-Indian.Penal.Code,1860-1557

c. http://www.caravanmagazine.in/vantage/section-124a-sedition-jnu-protests