Question

LEGAL PRINCIPLES: It is settled that ignorance of law is no excuse but ignorance of fact may be excused.

FACTUAL SITUATION: X, a foreign national was carrying child pornographic material with him and was apprehended when he reached India. It is an offence to possess child pornographic material in India. X did not know this law.

QUESTION: Can X be prosecuted in India?

• A. X cannot be prosecuted because he had actually no knowledge about the Indian law.
• B. X cannot be prosecuted because ignorance of fact is excusable.
• C. X can be prosecuted because ignorance of law is not excusable.
• D. It is always in the discretion of court to decide in cases involving foreigners.

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 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 law is not excusable.