18th BJS preparation Series: The legal maxim-" ignorantia facti excusat, ignorantia legis neminem excusat." under the Penal Code, 1860.

 

Question- Discuss critically the maxim "Ignorantia Juris non excusat" and its application in Penal Code, 1860.

Answer: Section 76 and Section 79 of the Penal Code, 1860 deal with mistake of fact. Ignorance of law is not excused and ignorance of fact can be excused is a general rule.

Mistake of Fact (Section 76 and Section 79)

Section 76

Act done by a person bound, or by mistake of fact believing himself bound, by law

76. Nothing is an offence which is done by a person who is, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith believes himself to be, bound by law to do it.

Illustrations

(a) A, a soldier, fires on a mob by the order of his superior officer, in conformity with the commands of the law. A has committed no offence.

(b) A, an officer of a Court of Justice, being ordered by that Court to arrest Y, and, after due enquiry, believing Z to be Y, arrests Z. A has committed no offence.

Essentials:-

1.  act must be done which would otherwise constitute an offence.
2. by reason of mistake of fact and not law
3. by person who believes to be bound by law to do that act
4. good faith must be there.

Section 79

Act done by a person justified, or by mistake of fact believing himself justified, by law

79. Nothing is an offence which is done by any person who is justified by law, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith, believes himself to be justified by law, in doing it.

Illustration

A sees Z commit what appears to A to be a murder. A, in the exercise, to the best of his judgment, exerted in good faith of the power which the law gives to all persons of apprehending murderers in the act, seizes Z, in order to bring Z before the proper authorities. A has committed no offence, though it may turn out that Z was acting in self-defence.

Essentials:

1.  act must be done which would otherwise constitute an offence.
2.   by reason of mistake of fact and not law
3.   by person who believes to be justified by law to do that act
4.   good faith must be there.

Section 76 and Section 79 of the Penal Code, 1860 are established on a well-known maxim, ignorantia facti excusat, ignorantia legis neminem excusat. It means that ignorance of fact is an excuse, but ignorance of the law is not an excuse. The mistake of fact to be an excuse must be a mistake related to a material fact that is necessary to constitute a particular offence. Mistake must be reasonable and acceptable and that it is not a mistake of law but a mistake of fact. Only when the essentials of Section 76 and Section 79 are fulfilled, protection under mistake of fact can be claimed. Mistake of law is never excused. A person who commits wrong cannot ask for protection on the ground that he did not know about the law. There is a legal presumption absolute and irrebuttable that every man knows the law of the land.