Audi Alteram Partem
/AW-dee al-TER-am PAR-tem/
Hear the other side — a fundamental principle of natural justice requiring every person to be given notice and opportunity to be heard before a decision affecting them is made.
Full Definition
Audi alteram partem (Latin: 'hear the other side') is one of the twin pillars of natural justice (the other being nemo judex in causa sua). It requires that no person should be condemned without being heard — they must receive adequate notice of the case against them and a fair opportunity to present their defence. The principle applies not just to courts but to all quasi-judicial and administrative bodies making decisions that affect individual rights. Breach of this principle makes the decision void, not merely voidable.
In Indian Law
Codified in procedural law through Section 243 CrPC (accused's right to examination), and embedded in Articles 14 and 21 of the Constitution. The Supreme Court in Maneka Gandhi v. Union of India (1978) held that any procedure that violates natural justice is not a 'procedure established by law' under Article 21. Applied in service law, disciplinary proceedings, preventive detention, and regulatory matters.
Related Legal Sections
Landmark Cases
Maneka Gandhi v. Union of India (1978) — Natural justice as part of Article 21
A.K. Kraipak v. Union of India (1969) — Audi alteram partem in administrative decisions
Frequently Asked Questions
Does audi alteram partem apply to preventive detention?
Modified form yes — Section 50 CrPC / Section 47 BNSS requires that an arrested person be informed of grounds of arrest. Full hearing before detention is not required (detention is preventive, not punitive), but the detainee must be given grounds and opportunity to make a representation.