Question

LEGAL PRINCIPLE: Ignorance of Fact is excused but ignorance of law is no excuse.

FACTS: 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 34kg of Gold Bars on his person and that he had not declared it in the 'Manifest for Transit'. On 26th November, 1962, the Government of India had issued a notification modifying its earlier-exemption, making it mandatory now that the 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

Answer: (C)

X can be prosecuted because ignorance of law is not excusable

Ignorantia Juris non-excusat or ignorantia legis neminem excusat which means ignorance of the law excuses not and ignorance of the law excuses no one in Latin, respectively. It is a legal principle holding that a person who is unaware of a law may not escape liability for violating that law merely because one was unaware of its content.

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