sub judice
Meaning. Under judicial consideration; pending before a court and not yet decided.
A matter is sub judice while it is pending before a court. Two consequences follow. First, under Section 10 of the CPC (res sub judice), a court must stay a later suit where the matter directly and substantially in issue is already pending in an earlier suit between the same parties. Second, public comment that may prejudice the fair trial of a pending case can be criminal contempt.
Legislatures also follow a convention of not discussing matters that are sub judice. The term describes the stage of the matter; res sub judice is the specific rule of stay in Section 10.
Example
The second suit for the same relief was stayed because the earlier suit on the same issue was still sub judice.
In Indian law
- Section 10, Code of Civil Procedure, 1908 (stay of suit)
- Section 2(c), Contempt of Courts Act, 1971 (criminal contempt includes prejudicing judicial proceedings)
See also
res sub judice · res judicata · contempt of court
Read more in the study notes
- Res sub judice: stay of suit (section 10) (Civil Procedure Code and Limitation Act)