Sub judice
| Literal meaning | Under judgment (before the court) |
| Pronunciation | sub YOO-dih-say |
A matter that is under consideration by a court. People are expected not to comment on it in a way that may affect the decision.
Example
A criminal trial is going on. A newspaper publishes a story calling the accused guilty. That may interfere with the trial.
Case laws
- Sahara India Real Estate Corp. v. SEBI (2012), Supreme Court: courts may postpone the publication of reports on a pending case where there is a real risk to a fair trial.
Statutory link
- Contempt of Courts Act, 1971 deals with interference with the course of justice.
- Section 10 of the Code of Civil Procedure, 1908: a court must stay a later suit if the same matter is directly and substantially in issue in an earlier suit between the same parties.
Opposite / Related
Exam tip
Asked with Section 10 CPC (stay of suit) and contempt.
Memory trick
Sub = under; the judge is still thinking.
Key takeaway
A pending matter must not be prejudiced by comment or by a second suit.