Suo motu
Latin: On its own motion.
Also called: Suo moto, Of its own motion
Action taken by a court or authority on its own initiative, without an application or complaint from a party.
Explained
Suo motu means on its own motion. It describes action taken by a court, tribunal or authority on its own initiative, without any formal application by a party. The spelling suo moto is common in Indian usage, but suo motu is the correct Latin form. Indian statutes usually say of its own motion.
Several provisions give such a power expressly. Section 24 of the CPC allows the High Court or District Court to transfer or withdraw a suit, appeal or proceeding on the application of a party or of its own motion. Section 152 of the CPC permits clerical or arithmetical mistakes in judgments, decrees or orders to be corrected by the court of its own motion. Under Section 15 of the Contempt of Courts Act, 1971, the Supreme Court or a High Court may take action for criminal contempt on its own motion. Under Section 6(5) of the National Investigation Agency Act, 2008, the Central Government may, suo motu, direct the Agency to investigate a Scheduled Offence.
Constitutional courts also take suo motu cognizance of matters of public importance, often on news reports or letters, as part of their writ jurisdiction under Articles 32 and 226. This is a judicial practice rather than a separate statutory power.
A power to act suo motu exists only where the law gives it, and its reach depends on the statute. In Union of India v. V. Sriharan (2015) the Constitution Bench held that remission under Section 432(1) of the CrPC could not be granted suo motu and had to begin with the convict's application under Section 432(2). In 2025, however, the Supreme Court held that where the appropriate Government has a remission policy, it must consider eligible convicts for premature release even without an application. The corresponding provision is now Section 473 of the BNSS. Examiners test the meaning of the term and the statutory provisions that confer such power.
What the law says
(1) On the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion without such notice, the High Court or the District Court may at any stage—
(a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same, or
(b) withdraw any suit, appeal or other proceeding pending in any Court subordinate to it, and—
Transfer or withdrawal of cases of the court's own motion
Clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission may at any time be corrected by the Court either of its own motion or on the application of any of the parties.
Correction of accidental slips of the court's own motion
Section 15, Contempt of Courts Act
(1) In the case of a criminal contempt, other than a contempt referred to in section 14, the Supreme Court or the High Court may take action on its own motion or on a motion made by—
(a) the Advocate-General, or
(b) any other person, with the consent in writing of the Advocate-General, [or]
Criminal contempt taken up on the court's own motion
(5) Notwithstanding anything contained in this section, if the Central Government is of the opinion that a Scheduled Offence has been committed which is required to be investigated under this Act, it may, suo motu, direct the Agency to investigate the said offence.
(6) Where any direction has been given under sub-section (4) or sub-section (5), the State Government and any police officer of the State Government investigating the offence shall not proceed with the investigation and shall forthwith transmit the relevant documents and records to the Agency.
(7) For the removal of doubts, it is hereby declared that till the Agency takes up the investigation of the case, it shall be the duty of the officer-in-charge of the police station to continue the investigation.
Sub-section (5): Central Government may suo motu direct NIA investigation
(1) When any person has been sentenced to punishment for an offence, the appropriate Government may, at any time, without conditions or upon any conditions which the person sentenced accepts, suspend the execution of his sentence or remit the whole or any part of the punishment to which he has been sentenced.
(2) Whenever an application is made to the appropriate Government for the suspension or remission of a sentence, the appropriate Government may require the presiding Judge of the Court before or by which the conviction was had or confirmed, to state his opinion as to whether the application should be granted or refused, together with his reasons for such opinion and also to forward with the statement of such opinion a certified copy of the record of the trial or of such record thereof as exists.
(3) If any condition on which a sentence has been suspended or remitted is, in the opinion of the appropriate Government, not fulfilled, the appropriate Government may cancel the suspension or remission, and thereupon the person in whose favour the sentence has been suspended or remitted may, if at large, be arrested by any police officer, without warrant and remanded to undergo the unexpired portion of the sentence.
Remission of sentences; application by the convict
Earlier law: CRPC 432. Power to suspend or remit sentences.
For the exam
- Meaning: on its own motion, without an application by a party.
- CPC Sections 24 and 152 allow the court to act of its own motion.
- Criminal contempt may be taken up on the court's own motion (Section 15, Contempt of Courts Act).
- Central Government may suo motu direct the NIA to investigate (Section 6(5), NIA Act).
- Remission: Sriharan (2015) required an application; since 2025, policy cases must be considered without one.
99 questions in the Law Maker question bank use this maxim. Practise Legal Maxims & Jurisprudence questions
Judgments
Related terms
- Locus standiThe right of a person to bring an action or be heard before a court, traditionally limited to a person aggrieved, and relaxed in India for public interest litigation.
- Ex parteDone in the absence of the other party, or on the application of one party only. In civil procedure, a hearing or decree against a defendant who does not appear after due service.
- Criminal contemptPublication or act that scandalises or lowers the authority of a court, interferes with a judicial proceeding, or obstructs the administration of justice. Section 2(c), Contempt of Courts Act, 1971.
- Civil contemptWilful disobedience to any judgment, decree, direction, order, writ or other process of a court, or wilful breach of an undertaking given to a court. Section 2(b) of the Contempt of Courts Act, 1971.
- 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.