Question

Given below are a legal principle and a factual situation. Apply the given legal principle to the factual situation and select the most appropriate answer to the question given below:

Legal Principle: Ignorance of fact is excused but ignorance of law is no excuse.

Fact: X was a passenger from Zurich to Manila in a Swiss plane. When the plane landed at the airport of Bombay on 28 November 1962, it was found on searching that X carried 34 kg of gold bars in his baggage and that he had not declared it in the 'manifest for transit'. On 26 November 1962, The Government of India had issued a notification modifying its earlier exemption, making it mandatory now that gold must be declared in the 'manifest' of the aircraft.

• A. X cannot be prosecuted because he had actually no knowledge about the new notification issued two days ago.
• B. X cannot be prosecuted because ignorance of fact is excusable.
• C. X can be prosecuted because ignorance of law is not excusable.
• D. X's liability would depend on the discretion of the court.

Answer 1

The correct option is C X can be prosecuted because ignorance of law is not excusable.

X can be prosecuted because ignorance of law is not excusable.

In the above mentioned case, X was not aware of the law regarding of gold. But it's not excusable.

Awareness of law is a general legitimate essential. An individual who is ignorant of a law can't get away from obligation only in light of the ignorance of that law.

Hence, C is the correct option.