Qui non prohibet quod prohibere potest assentire videtur

Qui non prohibet quod prohibere potest assentire videtur

Literal Meaning

He who does not prohibit when he is able to prohibit, is in fault.

Explanation

The literal meaning of the maxim ‘Qui Non Prohibet Quod Prohibere Potest Assentire Videtur’ is He who does not prohibit when he is able to prohibit, is in fault. The meaning of this maxim is similar to the meaning of maxim ‘Qui Non Obstat Quod Obstare Potest Facere Videtur’. It clearly means that the one who has the capability to prohibit something from happening and does not attempt to prohibit it, it means that he/she is promoting it and thus, he/she is in fault.

Illustration

‘A’, a policeman was caught at a drug racket, applying the principle laid down by the maxim ‘ Qui Non Obstat Quod Obstare Potst Facere Videtur’ it was clear from the facts that ‘A’ was involved in smuggling of drugs.

Edited by Vigneshwar Ramasubramania

Approved & Published – Sakshi Raje

Vishwa Patel
I am 2 nd Year B.A LL.B (Hons.) student at Gujarat National Law University. I like to explore and write on topics of Cyber Laws, Intellectual Property Laws and Competition Laws. Further, to enhance my knowledge of Law I like to participate in moot court competitions. You can reach me at: vishwapatel683@gmail.com