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General

Prima Facie

PRY-muh FAY-shee Latin: 'at first face' or 'on first appearance'

Definition

Based on the first impression; accepted as correct until proved otherwise. Evidence that is sufficient to establish a fact unless rebutted.

Detailed Explanation

Prima facie is a legal term used to describe evidence or a case that is sufficient on its face to establish a particular fact or raise a presumption of a fact, unless rebutted or contradicted by other evidence.

In civil cases, establishing a prima facie case means the plaintiff has produced enough evidence to support a verdict in their favor, shifting the burden to the defendant to rebut. In criminal cases, the prosecution must establish a prima facie case before the accused is called upon to present a defense.

Courts often use this standard when deciding interim matters, such as injunctions or bail, where a full trial has not yet taken place.

Essential Elements

  • 1 Evidence must be sufficient to establish a fact on first impression
  • 2 The evidence must be legally admissible
  • 3 The fact established can be rebutted by contrary evidence
  • 4 It creates a rebuttable presumption

Leading Cases

State of M.P. v. Mubarak Ali

1959

(1959) SCR Supl. 2 201

Relevance: Explained the standard for prima facie case in criminal proceedings

Wander Ltd. v. Antox India

1990

1990 Supp SCC 727

Relevance: Discussed prima facie case in the context of interim injunctions

Usage Example

"The court found a prima facie case of infringement and granted an interim injunction pending trial."

Synonyms

on the face of it at first glance
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