Audi alteram partem (Audiatur et altera pars) - Fundamental law of natural justice

 One should not be convicted unheard. It is made up of following latin words:

  • Audi (Verb) = listen in latin. (As a sidenote, founder of Audi automobile brand was named 'August Horch' and Horch is a german word for 'listen' and latin translation is 'Audi', hence the name of brand)
  • Alteram (adjective) means 'the other one' in latin
  • Partem (noun) - part/piece/side 
  • audiatur = to listen, to hear
  • et = and
  • altera = other 
  • pars = part

The principle of "Audi Alteram partem" or "Audiatur et altera pars" is a fundamental rule of natural justice. It is also called as 'right to fair hearing'. It means that every person has the right to be heard, to present his side, his defense, his evidence and challenge the evidences and witnesses of the other side before a conclusion can be made usually by a Judge. This means that when one person raises a complaint against the other person before an authority, it is imperative for the authority to give notice of the case to the other person and give him a fair opportunity to present his case. It is a general principle of rationality and a part of common-sense/common-wisdom and the authority need not necessarily be a learned legal expert. 

A person can be convicted in-absentia only when he does not exercise his right to be heard and this conviction can hold only either till end of sentence or till the person exercise his right to participate in fair trial. Most legal systems in the world consider it a violation of natural justice if defendant is convicted without being present in a trial to answer the charges.

The 'fair' hearing is protected by the other rule of natural justice or the 'first rule of natural justice' known as 'rule against bias / nemo iudex in causa sua'

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