A Latin term meaning "under judgment", referring to a matter that is currently before a court and not yet decided. While a case is sub-judice, public comment, media reporting or parliamentary discussion that could prejudice the proceedings is restrained.
- The rule protects the fairness and impartiality of an ongoing trial, especially against trial by media or prejudicial publicity.
- In the legislature, the convention is that members do not discuss matters pending before a court; the presiding officer can disallow such discussion to avoid interfering with the judicial process.
- Comment that prejudices a pending matter can amount to concept contempt of court (criminal contempt) under the Contempt of Courts Act, 1971.
- The restraint is a matter of convention, statute (contempt law) and judicial discretion rather than a single constitutional provision, and it is balanced against freedom of speech under Article 19(1)(a).
It is a standard polity and current-affairs term, frequently asked alongside contempt of court and the separation of legislature and judiciary.
Sub-judice restrains prejudicial comment, not all reporting; fair and accurate reporting of court proceedings is generally permitted.
"Under judgment": a matter pending in court, during which prejudicial comment is restrained to protect a fair trial.