Dictum – Statement of law made by the judge in the course of the decision but not necessary to the decision itself.
Dictum
Meaning:
The term “Dictum” (plural: dicta) comes from Latin, meaning “something said.” In legal context, a dictum refers to a statement, remark, observation, or comment made by a judge in the course of giving a judgment, which is not essential to the decision of the case. In simpler words, it is the judge’s opinion on a point that does not affect the final outcome.
Key Characteristics of Dictum:
It is not binding as a precedent.
It is persuasive—other courts may consider it, but they are not obliged to follow it.
It often appears as extra observations, explanations, or illustrations in a judgment.
It differs from ratio decidendi, which is the legal principle or reasoning that actually decides the case and is binding as precedent.
Example to Understand:
If a case involves a property dispute, and the judge comments on what should be the law regarding contracts in general, but this comment is not essential to deciding the property dispute, that comment is a dictum.
Case Law Illustrations
R v. Howe (1987) AC 417 (UK)
Facts: This case dealt with duress as a defense in murder.
Observation: The court mentioned in passing that duress is not a defense to attempted murder either.
Importance: That comment was dictum because the actual case concerned actual murder, not attempted murder. However, it became persuasive for later cases on attempted murder.
Mohan Lal v. Union of India (AIR 1958 SC 881)
Facts: The Supreme Court dealt with a question on service law.
Observation: The court made remarks on the general principles of administrative law, which did not decide the matter at hand.
Importance: These remarks were obiter dicta and not binding, but they could guide interpretation in future cases.
Rashtriya Ispat Nigam Ltd. v. Verma (2002) 7 SCC 144
Facts: A labor law dispute regarding termination of service.
Observation: While deciding the case, the Court commented on the broader powers of the employer, which was not directly necessary for resolving the dispute.
Importance: These were dicta—persuasive but not binding.
Difference Between Dictum and Ratio Decidendi
| Aspect | Ratio Decidendi | Dictum |
|---|---|---|
| Definition | The principle of law essential to decide the case | A statement of law not necessary for decision |
| Binding? | Yes, binding as precedent | No, not binding |
| Persuasive? | Can be cited, but binding | Can be cited, only persuasive |
| Purpose | Decides the case | Explains, illustrates, or comments |
✅ Key Takeaway:
Dictum is like the judge giving a side note or advice, not the main ruling.
Courts may consider dicta for guidance, but only ratio decidendi forms the law that must be followed.
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