Obiter dictum
Latin: A thing said by the way.
Also called: Obiter dicta, Obiter
A statement in a judgment that is not necessary for deciding the case, and so does not form part of its binding ratio decidendi.
Explained
Obiter dictum means a thing said by the way; the plural is obiter dicta. It is an observation of law or fact made in a judgment that is not necessary for the decision of the case. The opposite concept is the ratio decidendi, the principle of law on which the case is actually decided, which alone binds as precedent under the doctrine of stare decisis.
Statements become obiter in several ways: a view on a point that was not argued or did not arise, a remark on what the law would be on different facts, or a general discussion or summary of earlier cases. A dissenting opinion is not part of the ratio and does not bind either. To identify the ratio, one asks which proposition was necessary to reach the conclusion on the material facts; whatever else is said is obiter.
In India, Article 141 of the Constitution makes the law declared by the Supreme Court binding on all courts within the territory of India. Strictly, what is declared is the ratio. Yet Indian courts treat considered observations of the Supreme Court, even when obiter, as carrying great weight, and High Courts and subordinate courts ordinarily follow them. A passage that merely groups earlier decisions into categories, without deciding a question, is not law declared under Article 141.
Obiter must be distinguished from a decision per incuriam, which is given in ignorance of a binding statute or precedent and loses its binding force for that reason. Examiners usually test the plain meaning of the expression, its contrast with ratio decidendi, and the effect of Article 141.
What the law says
The law declared by the Supreme Court shall be binding on all courts within the territory of India.
Law declared by the Supreme Court binds all courts
Example
For example, if a court decides that a contract is void for lack of consideration and then adds a remark on what the position would have been had the promisor been a minor, that remark is obiter.
For the exam
- Meaning: a thing said by the way; plural obiter dicta.
- Only the ratio decidendi binds; obiter is persuasive.
- Article 141: law declared by the Supreme Court binds all courts in India.
- Considered Supreme Court obiter is given great weight by lower courts.
- Distinguish per incuriam, a decision given in ignorance of binding law.
27 questions in the Law Maker question bank use this maxim. Practise Legal Maxims & Jurisprudence questions
Judgments
Related terms
- Ratio decidendiThe principle of law on which a case is decided. It is the binding part of a judgment under the doctrine of precedent, as distinct from obiter dicta.
- Stare decisisTo stand by things decided. Courts follow earlier decisions on the same point of law, so that the law remains certain and consistent.
- Per incuriamA decision given in ignorance or forgetfulness of a binding statutory provision or a binding precedent. Such a decision does not bind later courts as a precedent.
- JudgmentUnder Section 2(9) of the CPC, the statement given by the Judge of the grounds of a decree or order.
- Amicus curiaeA friend of the court: a person, usually a senior advocate, whom the court asks to assist it on a question of law or fact, without representing any party.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.