PRINCIPLE: Ignorantia juris non excusat and ingnorantia facit 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 Nov. 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 Nov. 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. (Answer the question after reading the following paragraph.)

DIRECTION: The questions consist of two statements, one labeled as PRINCIPLE and other as FACT. You are to examine the principle and apply it to the given facts carefully and select the best option.

Option A: George cannot be prosecuted because he had actually no knowledge about the notification issued only two days ago.

Option B: George cannot be prosecuted because it is mistake of fact which is excusable.

Option C: George’s will be prosecuted because mistake of law is not excusable.

Option D: George liability would depend on the discretion of the court.

Correct Answer

Option: c

Explanation

According to Section 76 of the IPC 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.

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