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QUI FACIT PER ALIUM FACIT PER SE

“Qui facit per alium facit per se” is a Latin term that means, “he who acts through another does the act himself

It is a fundamental legal maxim of the law of agency and is often stated in discussing the liability of the employer for the act of employee in terms of vicarious liability.

Its origin in the legal presumption is that all acts done by or on the master’s express or implied authority are the acts of his master for which he may be justly held responsible.

In Deo Narain Rai and Anr. vs Kukur Bind and Ors., (1902) ILR 24 All 319 the Allahabad High Court held that “In accordance with the maxim qui facit per alium facit per se, a signature by the authorized agent of a mortgagor is sufficient. In common law, where a person authorizes another to sign for him, the signature of the person so signing is the signature of the person authorizing it.”

In Mannat Singh And Anr. vs State, 1959 SCC OnLine MP 32: AIR 1960 MP 151: 1960 Cri LJ 611 the Madhya Pradesh High Court held that “Criminal Jurisprudence does not recognize the principle of vicarious liability; the master cannot be punished for the actions of his servant unless the master abetted it or there is some legislative enactment which provides otherwise.”

Hence, the maxim generally has its implication and application in civil law and not criminal law.

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