Practicing Success

Target Exam

CUET

Subject

Legal Studies

Chapter

Legal Maxims

Question:
A informed the police that B has been involved in arson and he has put a building belonging to his neighbour on fire. The police arrested B. The Court however ordered release of B on the ground that the police was not able to prove that there are was actual burning of the building as alleged. Which of the following principle was applied by the court?
Options:
Corpus delicto
Obiter Dicta
De Minimis Lex Non Curat
Damnum Sine Injuria
Correct Answer:
Corpus delicto
Explanation:
Corpus Delicto: It literally means "body of the crime" in Latin. The phrase body here does not only pertain to a possible corpse, but actually relates to any form of evidence, so it is important to remember that there is both a literal and figurative association. In regards to criminal investigations, this concept means that there should be enough evidence to prove that a crime occurred in order for an individual to be charged for the offense.
Corpus delicti in Western law, is the principle that a crime must be proved to have occurred before a person can be convicted of committing that crime.The rule began in part to prevent the government from punishing individuals for a crime solely based on their confession, which in many cases were false and driven by coercion. In modern practice, corpus delicti requires that the government have enough evidence showing that the essential parts of a crime occurred before they can even charge an individual. If the corpus delicti bar has not been satisfied, the government cannot prosecute an individual.