Forthwith - Definition - Law Dictionary Home Dictionary Definition forthwith

Definition :

Forthwith. When a defendant is ordered to plead forthwith, he must plead within twenty four hours. When a statute or rule of Court requires an act to be done 'forthwith,' it means that the act is to be done within a reasonable time having regard to the object of the provision and the circumstances of the case [Ex parte Lamb, (1881) 19 Ch D 169; 2 Chit. Arch. Prac., 14th Edn., 1435].

Immediately, without delay, Black's Law Dictionary, 7th Edn., p. 664.

The expression 'forthwith' would mean 'as soon as may be', that the action should be performed by the authority with reasonable speed and expedition with a sense of urgency without any unavoidable delay. No hard and fast rule could be laid nor a particular period is prescribed. There should not be any indifference or callousness in consideration and disposal of the representation. It depends on the facts and circumstances of each case, Navalshankar Ishwarlal Dave v. State of Gujarat, AIR 1994 SC 1496: (1993) Supp 3 SCC 754.

The word 'forthwith' has been interpreted to mean 'as soon as possible; without any delay', Gopal Mondal v. State of West Bengal, AIR 1975 SC 1807, MISA (26 of 1971), s. 3.

When a statute requires that something shall be done 'forthwith' or 'immediately' or even 'instantly', it should probably be understood as allowing a reasonable time for doing it', Bidya Deb Barma v. District Magistrate, Tripura, AIR 1969 SC 323 (325).

The expression 'forthwith' does not necessarily and always means instantaneous. The expression has to be understood in the context of the statute. Where, however, the statute prescribes the payment of money and the accrual of interest thereon at certain points of time, the expression 'forthwith' must necessarily be understood to be immediate or instantaneous, so as to avoid any ambiguity or uncertainty. The right accrues or liability arises exactly as prescribed by the statute, Raymond Synthetics v. Union of India, AIR 1992 SC 847 (856): (1992) 2 SCC 255.