Question

\textit{Audi alteram partem} is a Latin phrase meaning “hear the other side.” It is the principle that no person should be judged without a fair hearing.
Fact Situation: Sanjay, in Delhi, is accused of theft and brought before the Court. The magistrate discovers that Sanjay is mute.
Which of the following statements is the most appropriate in relation to the legal principle stated above?

• A. The principle is not applicable to Sanjay since he is mute.
• B. The principle is applicable to Sanjay even though he cannot speak since he can be asked to write down his defence.
• C. The Magistrate has to take all measures to understand what Sanjay has to convey about the accusation against him.
• D. Since it is a Latin principle it is not applicable in India.

Hint:

Natural justice principles like \textit{Audi alteram partem} apply universally — courts must adapt procedures so that every accused gets a fair opportunity to defend themselves.

Answer 1

The Correct Option is C

Step 1: Understanding the legal principle
- \textit{Audi alteram partem} means “hear the other side.”
- It ensures that no one is condemned unheard, protecting the right to a fair hearing.
Step 2: Applying the fact situation
- Sanjay is mute, so he cannot speak in court.
- However, the principle still applies — his inability to speak does not mean he should be denied a chance to defend himself.
Step 3: Magistrate’s responsibility
- The magistrate must take all reasonable measures (such as written statements, sign language interpretation, or gestures) to understand Sanjay’s defence.
Step 4: Eliminating incorrect options
- Option (1) is wrong: Muteness does not negate the right to a fair hearing.
- Option (2) is partially correct but narrower — the principle is broader than just “writing down” a defence.
- Option (4) is wrong: The principle applies in India as part of natural justice.
Step 5: Conclusion
- Option (3) is the most correct because it encompasses all possible ways the magistrate should ensure Sanjay’s side is heard.
\[ \boxed{\text{The magistrate must ensure Sanjay’s defence is fully heard, despite his muteness.}} \]