Quando aliquid prohibetur ex directo, prohibetur et per obliquum
“Quando aliquid prohibetur ex directo, prohibetur et per obliquum” in detail. This is a maxim of law with practical applications in statutory interpretation and constitutional law.
1. Meaning of the Maxim
Latin: “Quando aliquid prohibetur ex directo, prohibetur et per obliquum”
English Translation: “When something is prohibited directly, it is also prohibited indirectly.”
Meaning:
If a law expressly prohibits a certain act, then any act done indirectly or in a disguised manner to achieve the same end is also prohibited.
It is used to prevent circumvention of law.
2. Principle
Preventing Evasion of Law:
The maxim ensures that prohibition is effective and cannot be bypassed by indirect methods.
Scope:
Applies in criminal law, constitutional law, and statutory interpretation.
Courts use it to invalidate acts that defeat the purpose of a statute even if not expressly forbidden.
3. Illustration / Example
Direct Prohibition:
Law: “No person shall smoke in public places.”
Indirect Prohibition (per obliquum):
Attempting to allow smoking in public parks under a different label would also be prohibited because it defeats the purpose of the law.
4. Application in Indian Law
Statutory Interpretation:
Courts apply this maxim when interpreting statutes to prevent loopholes or evasions.
Ensures that legislative intent is not frustrated.
Criminal Law:
If a criminal act is directly prohibited, attempts or conspiracies to commit it are also prohibited.
Example: If bribery is prohibited, indirect inducement or mediation in bribery can also be punished.
5. Case Law
A. R.M.D. Chamarbaugwalla v. Union of India (1957 AIR 1219)
Facts: Challenge to prize competitions under the Prize Competition Act.
Principle Applied:
Court observed that if a statute prohibits certain practices directly, indirect methods to achieve the same result are also prohibited.
Significance:
Maxim was applied to prevent loopholes being exploited to circumvent legislative prohibition.
B. State of Madras v. V.G. Row (1952 SCR 597)
Facts: Concerning tax avoidance through indirect methods.
Held:
Courts can strike down indirect arrangements that violate the direct prohibition of a statute.
Significance:
Reaffirmed the maxim in taxation and regulatory compliance contexts.
6. Key Principles Established
| Principle | Explanation |
|---|---|
| Direct and Indirect Prohibition | If law prohibits something directly, indirect attempts are also prohibited |
| Preventing Evasion | Ensures that legislative intent cannot be defeated |
| Judicial Enforcement | Courts can invalidate acts that indirectly contravene law |
| Statutory Interpretation | Maxim guides interpretation to cover circumvention of law |
| Public Policy | Supports rule of law and effective enforcement |
7. Conclusion
“Quando aliquid prohibetur ex directo, prohibetur et per obliquum” is a fundamental principle in law:
Ensures that laws are not evaded by indirect methods.
Applied in statutory interpretation, criminal law, and constitutional law.
Courts enforce it to uphold legislative intent and prevent abuse of law.
Key takeaway: Indirect acts achieving the prohibited result are also illegal.
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