Injuria Sine Damnum

Injuria sine damnum is a legal maxim, which means a violation of a legal exemption without causing any harm, loss, or damage to the plaintiff and whenever any legal right is violated, the person in whom the right is recommended is approved to bring an action. Every person has absolute liberty to his property, to the immunity of his person, and to his liberty & violation of this right is actionable per se. A person against whom the legal right has been violated has a cause of action such that even a violation of any legal right knowingly brings the cause of action. The law even gives the liberty that if a person merely has a threat of infringement of a legal right even without the injury being obtained, the person whose right has been threatened can bring a suit under the provisions of the Specific Relief Act under the Declaration and injunction.

For Example:- If a person (A) is wrongfully imprisoned against his will, then A will have a claim for considerable damages for wrongful imprisonment even if no substantial loss was suffered pongee detention.

As was illustrated in the case of Ashby Vs. White wherein the plaintiff was an eligible voter at the parliamentary elections which were held at that point in time. The defendant, a returning officer wrongfully forbade to take the plaintiff’s vote. The plaintiff suffered no damage since the aspirant which he wished to vote already won the elections but still, the defendants were held liable. It was determined that damage is not merely pecuniary but injury imports damage, so when a man is hindered of his rights he is entitled to remedies.

Injuria sine Damnum is even adequate in the cases of trespass as was observed in the case of Sain Das Vs. Ujagar Singh that nominal damages are usually rewarded and the principle of injuria sine damno is adequate to an immovable property when there has been an unjustifiable intrusion on the property in the nomination of another. It was also concluded that observed not be the end to every case of the appliance of property susceptive of the occurrences. So the maxim Injuria Sine Damnum refers to the remedies which are provided in the form of damages or reimbursement in violation of any legal right such that if the legal right is violated then action lies even if there is no harm or destruction to another. In other words, it is a violation of a right where no loss is endured but it creates a cause of action. Cases as reference:-

• Ashby vs. White

• Ujagar Singh vs. Sain Das

• Bhim Singh vs. State of J. & K.

Reference:

ASHBY VS WHITE