per incuriam

A decision is per incuriam when the court overlooked a statutory provision, a rule having the force of law, or a binding decision of a coordinate or larger bench that would have changed the result. Such a decision loses its binding force as precedent under the rule of stare decisis.

The exception is narrow. A decision is not per incuriam merely because it is wrong, poorly reasoned, or because an argument was not raised. In India, a smaller bench of the Supreme Court cannot treat a larger bench decision as per incuriam; it must refer the question to a larger bench. Do not confuse it with per curiam (by the court).

Example

The High Court declined to follow the earlier single-judge ruling, holding it per incuriam because it had not noticed the amended section.

In Indian law

• Article 141, Constitution of India (law declared by the Supreme Court binding on all courts)
• Young v. Bristol Aeroplane Co. (Court of Appeal, England, 1944): decisions given per incuriam need not be followed

See also

per curiam · precedent · stare decisis · sub silentio

Read more in the study notes

• Precedent and stare decisis in India: Article 141 (Judicial and Legislative Process)
• Precedent: ratio decidendi, obiter dicta and binding force (Jurisprudence)
• Methods of study: lectures, textbooks, the case method and technical terms (Legal Methods)
• Case law techniques: reading a judgment, ratio decidendi and obiter dicta (Legal Methods)
• Answering examinations, working out problems and applying law to facts (Legal Methods)
• The riddle of capital punishment (Penology and Victimology)