Mistake Of Law Case Study

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Recommended: Elements of criminal liability

Ignorantia juris non excusat: Re-examining the Principle of Mistake of Law
Abstract-
A misconception that occurs when a person with comprehensive knowledge of the facts reaches wrong conclusion as to their legal effect; an erroneous deduction, arising from a flawed evaluation of the fact is mistake of law whereas a mistake of facts is a material error in the surrounding facts or circumstances which unlike mistake of law is excusable in the court of law according to the Indian Penal Court due to lack of one of the elementary components of an offence- mens rea. If ignorant of fact excuses, ignorance of law must also excuse for the negative existence of the guilty mind because the new laws made by the legislation is mounting day-by-day and no one howsoever alert and skilful he might be, can realistically be expected to know all the laws. This Article examines and evaluates an increasingly popular account of the Mistake of Law doctrine and the researcher has judged it against the principle of Mistake of Fact on the basis of intention (mens rea) at the time of the commission of the act.

Key words- Mistake of law, Mistake of Fact, unavoidable and reasonable mistake, strict liability
Introduction:
According to all the criminal systems of the world a wrongful act is considered to be …show more content…

The liability is said to be strict because defendants will be convicted even though they were genuinely ignorant of one or more factors that made their acts or omissions criminal. These laws are justified by claiming that no matter what a person intended, the act itself deserves criminal punishment. An honest and reasonable mistake of fact is excusable even in the case of strict liability but same is not the case with mistake of

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