Obiter Dictum - Definition - Law Dictionary Home Dictionary Definition obiter-dictum

Definition :

Obiter dictum, an opinion not necessary to a judgment. See DICTUM.

An 'Obiter dictum' is an observation which is either not necessary for the decision of the case or does not relate to the material facts in issue, K. Jayarama Iyer v. State of Hyderabad, AIR 1954 Hyd 56.

It is a remark made or opinion expressed by a judge in his decision upon a cause, 'by the way' -- that is, incidentally or collaterally, and not directly upon the question before the court, or it is any statement of law enunciated by the judge or court merely by way of illustration, argument, analogy, or suggestion ...... In the common speech of lawyers, all such extrajudicial expressions of legal opinion are referred to as 'dicta', or 'obiter dicta', these two terms being used interchangeably, Brief Making and the Use of Law Books, William M. Lile et al. 304 (3rd Edn., 1914).