What is a Prima Facie Case?

‘Prime facie’ is a phrase of Latin origin, which has become ubiquitous in legal parlance across the world. The phrase directly translates to mean ‘on the first appearance’ or ‘at first sight’, and prima facie case connotes a fact considered to be true, unless disproved. In legal terms it has been given a specific meaning and is used in both civil and criminal law. It can be used to imply sufficiency of evidence presented by a litigant in support of its claims to merit a favourable order and to shift the onus of disproving the case to the opposing party. Prima facie case means that evidence, which if brought on record would reasonably allow the conclusion which a plaintiff seeks. This phrase signifies the stage where the case presented by a litigant has been proved to the hilt but which can only be said to be established if the evidence led in support of it were believed.

In an adversarial proceeding, the party initiating the case or the plaintiff, is burdened with the task to present a prima facie case i.e., to place before the adjudicating authority enough evidence which support the claims raised by it. Once this muster is passed and the plaintiff succeeds in presenting a prima facie case, the onus of proof is shifted onto the opposing party who must now present evidence to rebut and/or disprove the plaintiff’s case. However, in case the plaintiff fails to set up a prima facie case, the opposing party may not even be required to adduce evidence to the contrary and can obtain a favourable order, since it is the duty of a person asserting a claim to adduce evidence and prove it.

The Indian judiciary has expanded on the meaning of the phrase prima facie case at great length and it now holds a specific meaning in law. Despite this fact, the degree of what constitutes a prima facie case varies from case to case and does not have a concrete definition due to the varying facts of each matter. What constitutes a prima facie case is based on the discretion of a court of law, since a judicial officer adjudicating over a matter needs to be satisfied with the averments made and evidence led by a litigant. To determine whether a prima facie case has been made out, the pertinent consideration is whether on the evidence set forth it was possible to arrive at the conclusion in question and not whether that was the only conclusion which could be arrived at on that set of evidence.

Making out a prima facie case is also recognised as an essential principle for the grant of temporary injunction under Indian civil law under the Specific Relief Act. Therefore, a litigant seeking the discretionary relief of temporary injunction would also have to establish prima facie case, for which the courts are only required to examine the basic facts and not delve into the merits of the case.

As an example of prima facie case, if in a murder trial the prosecution presenting evidence against the accused set forth a video tape showing the accused yelling death threats to the deceased victim, it would constitute prima facie case of the intention to commit murder.