LEGAL PRINCIPLE: Ignorance of law is not an excuse in India with the practice that every person in India should be acquainted with the law of land.
FACTUAL SITUATION: Mr. Jackson, a foreigner, came to Delhi in the winter season. He saw the people in Delhi set fire on road side during night and get their body warm. One night he came out of his hotel and asked two labourers to cut down a dry tree in Pandara Road and when they agreed he paid them Rs.150 Indian currency for cutting down the tree. They cut and made the log into small pieces and the foreigner along with the three cutters set fire and got their body warm. After some time, the Police Patrol car watched it and arrested the foreigner and two labourers on the spot. The foreigner pleaded that the tree was dry and he did not know the cutting of tree from road side is an offence in India.
LEGAL PRINCIPLE: Ignorance of law is not an excuse in India with the practice that every person in India should be acquainted with the law of land.
FACTUAL SITUATION: Mr. Jackson, a foreigner, came to Delhi in the winter season. He saw the people in Delhi set fire on road side during night and get their body warm. One night he came out of his hotel and asked two labourers to cut down a dry tree in Pandara Road and when they agreed he paid them Rs.150 Indian currency for cutting down the tree. They cut and made the log into small pieces and the foreigner along with the three cutters set fire and got their body warm. After some time, the Police Patrol car watched it and arrested the foreigner and two labourers on the spot. The foreigner pleaded that the tree was dry and he did not know the cutting of tree from road side is an offence in India.
The correct option is C Both b and c
The generally accepted
theory is that the principle of ignorantia juris neminem excusat does not even
exclude a foreigner. In the case of Re Barronet where two men acted as
attendants in a duel fight claimed that they were not aware that English law
did not allow killing of adversary in duel fight. But they were nevertheless
held liable for willful murder. Therefore, foreigners are not excused from any
penal law.
The generally accepted theory is that the principle of ignorantia juris neminem excusat does not even exclude a foreigner. In the case of Re Barronet where two men acted as attendants in a duel fight claimed that they were not aware that English law did not allow killing of adversary in duel fight. But they were nevertheless held liable for willful murder. Therefore, foreigners are not excused from any penal law.
