Question

PRINCIPLE: Ignorantia juris non excusat and ignorantia facti excusat.

FACT: George was a passenger from Zurich to Manila in a Swiss Plane. When the plane landed at the airport at Bombay on 28th November, 1962 it was found on search that George carried 34kgs of gold bars in person and that he had not declared it in the 'Manifest for transit'. On 26th November, 1962 Government of India issued a notification and modified its earlier exemption and now it is necessary that, the gold must be declared in the 'Manifest' of the aircraft.

• A. George cannot be prosecuted because he had actually no knowledge about the new notification issued only two days ago.
• B. George cannot prosecuted because it is mistake of fact which is excusable.
• C. George will be prosecuted because mistake of law is not excusable.
• D. George liability would depend on the discretion of the court.

Answer 1

Answer: (C)

George will be prosecuted because mistake of law is not excusable.

The Latin maxim ignorantia juris non excusat means ignorance of law is no excuse and the Latin maxim ignorantia facti excusat means ignorance of fact is an excuse.In the above situation George ought to be aware about the law.It is true that he will be prosecuted as ignorance of law is not excusable.