latinLatin origin

Res Judicata

/reyz joo-dih-KAH-tah/

A matter already judged — a final court decision on a matter bars re-litigation of the same issue between the same parties.

Full Definition

Res judicata (Latin: 'a matter judged') is the principle that once a court of competent jurisdiction has finally decided a matter, the same parties cannot re-litigate the same issue. It prevents endless litigation, protects parties from harassment, and maintains the finality of judicial decisions. The doctrine has two limbs: (1) cause of action estoppel — the same cause of action cannot be relitigated; (2) issue estoppel — even if the cause is different, a specific issue already decided cannot be re-opened. In criminal law, the parallel doctrine is autrefois acquit / autrefois convict (double jeopardy).

In Indian Law

Section 11 of the Code of Civil Procedure 1908 codifies res judicata in civil proceedings. In criminal law, Section 300 CrPC (now Section 337 BNSS) embodies the criminal equivalent — no person once convicted or acquitted can be tried again for the same offence. Article 20(2) of the Constitution also guarantees protection against double jeopardy. The Supreme Court in Daryao v. State of UP (1961) held that res judicata applies to writ petitions under Article 32 as well.

Landmark Cases

Daryao v. State of UP (1961) — Res judicata applies to Article 32 writ petitions

Satyadhyan Ghosal v. Deorajin Debi (1960) — Scope of res judicata in Indian law

Browse all landmark cases

Frequently Asked Questions

Does res judicata apply in criminal cases?

The criminal equivalent is 'double jeopardy' (Section 300 CrPC / Section 337 BNSS and Article 20(2)). Res judicata strictly applies to civil proceedings, but the underlying principle of finality applies across all proceedings.

Quick Facts

LetterR
Categorylatin
OriginLatin
Laws1 section(s)