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per se

Latin · per SAY · Latin maxims and phrases

Meaning. By itself; intrinsically, without needing anything more.

Something is so per se when it has that character on its own, without proof of further facts or circumstances. In law the phrase marks the difference between what is automatically true and what depends on proof: an act may be illegal per se, or a statement defamatory per se because its words are plainly damaging.

It is often used negatively in judgments: “delay is not per se fatal”, or “relationship alone does not per se make a witness unreliable”. Each time, the court is saying that the fact named is not enough on its own and something more must be shown.

Example

Mere delay in lodging the FIR is not per se a ground to reject the prosecution case if it is satisfactorily explained.

See also

ipso facto · prima facie

Read more in the study notes

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