INJURIA SINE DAMNO AND DAMNUM SINE

INJURIA:
UNDERSTANDING LEGAL CONCEPT IN TORT LAW

A PRESENTATION BY ANANYA KUMAR

OVERVIEW OF TORT LAW

DEFINITION :- “Tort means a civil wrong which is not exclusively a breach of contract, or
breach of trust” – S.2(m), The limitation act, 1963.
To simplify :- a tort is any wrongful act (other than a breach of contract or breach of
trust) that causes harm or loss to another person or entity, for which the law provides a
remedy in the form of compensation or other relief.
Examples of torts include negligence, defamation, trespass, nuisance, and intentional
infliction of emotional distress, among others.
WHAT IS INJURIA SINE DAMNO IN TORTS?

MEANING AND TRANSLATION:- "Injuria sine damno" is a Latin legal term that
translates to "injury without damage" or "injury without loss.”

DEFINITION: Injuria sine damno means violation of a legal right without causing any
harm, loss or damage to the plaintiff. In the case of injuria sine damno, the loss suffered
by the plaintiff is not relevant for the purpose of a cause of action. It may be relevant
only as regard to the measure of damages.
-For better understanding of injuria sine damno we’ll further look at it’s key elements
KEY ELEMENTS OF INJURIA SINE DAMNO:-
Legal Injury: The focus is on the infringement of a legal right rather than the presence
of physical or economic harm. The plaintiff must demonstrate that their legal rights
have been violated by the defendant's actions or omissions.
Absence of Damages: Unlike other tort claims where the plaintiff must prove actual
losses or damages, "injuria sine damno" does not require the plaintiff to show financial
or tangible harm. The emphasis is on the legal wrong committed by the defendant.
Protection of Legal Rights: This concept underscores the importance of protecting
legal rights and interests, even in the absence of quantifiable damages. It recognizes
that certain legal rights are entitled to protection, regardless of whether there is a direct
economic impact.
Bhim Singh v. State of Jammu and Kashmir, (1986) 2 SCC 615

Bhim Singh Vs. The state of J. & K is a significant legal landmark in Indian jurisprudence,
particularly in the realm of constitutional law and the protection of fundamental rights.
Case Background:
The case arose from the detention of Bhim Singh, a prominent political leader and member of the
Jammu and Kashmir Legislative Assembly, under the provisions of the Jammu and Kashmir Public
Safety Act, 1978 (PSA).
Bhim Singh was detained multiple times under the PSA by the State of Jammu and Kashmir,
allegedly for activities considered prejudicial to the security of the state .
Summary of the case :- The petitioner, an MLA of J. & K assembly was detained by the
police while he was going to attend the assembly session. He was not produced before
the magistrate within the requisite period. As a consequence of this, the member was
deprived of his constitutional right to attend the assembly session.
Court Decision:
The Supreme Court of India, in its judgment delivered on April 28, 1986, held that the repeated detention of
Bhim Singh under the PSA violated his fundamental rights.
The Court ruled that the repeated detention of Bhim Singh under the PSA amounted to an abuse of power by
the state authorities and violated his right to personal liberty guaranteed under Article 21 of the Constitution.
The judgment highlighted the principle that preventive detention must be used sparingly and only in
exceptional circumstances, and that individuals detained under such laws are entitled to certain procedural
safeguards and judicial review.
- In relevance to injuria sine damno if however the court feels that the violation of a legal right Is
owing to mischievous and malicious act, as had happened in Bhim Singh’s case, the court may
grant even exemplary damages. In Bhim Singh’s case he was granted exemplary damages
amounting to Rs. 50,000/-.
WHAT IS DAMNUM SINE INJURIA?
MEANING AND TRANSLATION:- “Damnum sine injuria” is a Latin term used in
law, which translates to “damage without injury.”
DEFINITION:- Damnum sine injuria means damage which is not coupled with an
unauthorized interference with the plaintiff’s lawful right. In law of torts it is to describe a
situation where there is damage or loss suffered by a plaintiff, but no legal injury or
violation of a legal right has occurred. In other words, it refers to instances where harm
is suffered without any accompanying legal wrong.

-For better understanding of “Damnum Sine Injuria” we’ll further look at it’s key elements
KEY ELEMENTS OF DAMNUM SINE INJURIA
Damage or Loss: The term "damnum" refers to damage, loss, or harm suffered by an
individual or entity. This damage can be physical, financial, or emotional in nature.
Absence of Legal Injury: Despite the occurrence of damage, there is no violation of
any legal right. This means that the harm suffered does not result from any wrongful act
or legal wrong committed by another party.
Lawful Act: The damage is often a consequence of a lawful act or conduct. In other
words, the party causing the harm has not acted unlawfully or negligently, and their
actions do not give rise to legal liability.
No Right to Legal Redress: Because there is no infringement of a legal right, the party
suffering the damage typically does not have a legal basis to seek redress or
compensation through legal proceedings.
P. Seethramayya vs. Mahalakshmamma, AIR 1963 SC 1374

"P. Seethramayya vs. Mahalakshmamma," is a notable legal case in Indian

jurisprudence. Here's a brief overview:
Case Background: The case revolves around a property dispute between two parties: P.
Seethramayya and Mahalakshmamma.
It is often cited in legal literature for its significance in establishing principles related to
adverse possession under Indian law.
Summary of the case: The maxim was applied by the Andhra Pradesh High court in
P.seethramayya vs. Mahalakshmamma. Four defendants tried to ward off the flow of
water into their plot from a stream by digging a trench as well as putting up a bund on
their lands. The fifth defendant also, acting independently, put up bund on her land
causing damage to them.
Court Decision:
The high court held that the owner of land on or near a river has a right to build a fence to
prevent damage to his ground by the overflow of river, even though as a result of the
same, the over-flowing water is diverted to the neighbor’s land and causes damage.
Additionally, the Court emphasized that the possession of a co-owner is presumed to be
on behalf of all the co-owners, and adverse possession cannot be established against
the interests of other co-owners.
This being a clear case of damnum sine injuria the defendants were not held liable for
the harm to the plaintiffs.
COMPARATIVE ANALYSIS BETWEEN THE TWO
DAMNUM SINE INJURIA
Nature of Harm: In "damnum sine injuria," harm is
suffered without a breach of legal duty.
Legal Remedy: In "damnum sine injuria," no legal
remedy is available due to the absence of a legal
wrong.
Focus: "Damnum Sine Injuria" focuses on the
absence of a legal wrong.
.
INJURIA SINE DAMNO
Nature of Harm: "injuria sine damno," harm results from
the violation of a legal right.
Legal Remedy: "injuria sine damno," legal remedies
may be available despite the absence of financial loss.
Focus: "Injuria Sine Damno" focuses on the
infringement of a legal right.
IMPORTANCE IN LEGAL REALM
Importance in Upholding Legal Rights:
These concepts play a crucial role in upholding legal rights and ensuring access to
justice. "Injuria Sine Damno" ensures that violations of legal rights are addressed,
promoting accountability and deterrence against wrongful acts. Meanwhile, "Damnum
Sine Injuria" safeguards against imposing liability for harm that occurs without legal
wrongdoing, preserving individual autonomy and freedom of action.
Balancing Legal Principles:
Balancing these legal principles is essential in maintaining fairness and equity in tort law.
While it's vital to provide remedies for violations of legal rights, it's equally important to
avoid imposing liability where no legal wrong has been committed. Striking a balance
between these principles ensures that legal liability aligns with the underlying principles
of justice and fairness.
CONCLUSION
In conclusion, understanding and applying the concepts of "Injuria Sine Damno and "Damnum Sine
Injuria" are critical in navigating tort law and upholding the rule of law in society. By recognizing the
importance of protecting legal rights while also respecting individual freedoms, these principles
contribute to a robust and equitable legal framework.