Legal Maxim

The maxim “Vigilantibus Non Dormientibus Jura Subveniunt” literally means that “the law aids the vigilant, not those who sleep over their rights”. This maxim refers to those people who are not only aware of their rights but also know when, where and how to use them. This means that the law helps only those who are careful with their rights instead of being ignorant of them. This maxim expands its use in the Limitation Act, 1963, according to which if an aggrieved party cannot claim their rights within a stipulated period for wrongs done against them, they cannot claim it at a later stage. This maxim ensures that compensation is given to those who know and acknowledge their rights and realise what harm has been done to them.

Sarah Mathew v. Institute of Cardio Vascular Diseases

In this case, the Supreme Court held that there was a subjective element related to the mind of the Magistrate while taking cognizance of the offence, and it would not be fair, if such a mistake of court denied justice to an honest complaint. The date of taking cognizance by the Magistrate has nothing to do with a case, since, maybe the magistrate had taken the cognizance after the limitation period, while the complaint may have been filed within the time period limited. There has to be some amount of certainty which regulates the limitation period regarding criminal offences. The heading of Chapter – XXXVI of the CrPC though is related to the maxim of Vigilantibus Non Dormientibus Jura Subveniunt, it does not mean that the entire chapter will only be regulated by this maxim. The maxim only serves as a guide as to where to look, and not the entire explanation. Adding on to this, the Supreme Court said that if the complaint has been filed within the stipulated time limit, it does not matter when it is taken into cognizance by the Magistrate.

State of Madhya Pradesh & Anr. v. Pradeep Kumar & Anr.

In this case the court held that the appellant had to submit an application explaining the delay, before the court, in case of delay in filing a time barred appeal. The Supreme Court also held that the maxim Vigilantibus Non Dormientibus Jura Subveniunt is not irremediable. If an application is filed before the court explaining the delay in filing an appeal, there are remedy available to help the appellant in such cases.