Question
Section 5 of the Indian Penal Code is a saving clause to
Section 2 and is in accordance to the maxim.Solution
Explanation: a) Boni Judicis Est Ampliare Jurisdictionem: This Latin phrase translates to "It is the duty of a good judge to enlarge his jurisdiction." It implies that a judge should use his authority to the fullest extent for the purpose of delivering justice. b) Contra Bonos Mores: "Contra bonos mores" translates to "Against good morals"It refers to actions or behaviors that are contrary to public policy or morality, often used to challenge practices that are deemed offensive to the general moral standards of a community. c) Actori Incumbit Onus Probandi: This maxim means "the burden of proof is on the plaintiff" It signifies that the responsibility of proving the facts of the case and the allegations lies with the party bringing the case before the court, typically the plaintiff. d) Generalia Specialibus Non Derogant: "Generalia specialibus non derogant" translates to "Special provisions prevail over general ones" This legal maxim suggests that specific provisions in the law should take precedence over general ones, particularly in cases where there might be a conflict or inconsistency between the two.
3
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