PRINCIPLE Ignorantia juris non excusat and ingnorantia facit excusat FACT George was a passenger fro...........

Legal Reasoning Others

Section 511 of the IPC Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment.—Whoever attempts to commit an offence punishable by this Code with 1[imprisonment for life] or imprisonment, or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall, where no express provision is made by this Code for the punishment of such attempt, be punished with 2[imprisonment of any description provided for the offence, for a term which may extend to one-half of the imprisonment for life or, as the case may be, one-half of the longest term of imprisonment provided for that offence], or with such fine as is provided for the offence, or with both. Illustrations

1- A makes an attempt to steal some jewels by breaking open a box, and finds after so opening the box, that there is no jewel in it. He has done an act towards the commission of theft, and therefore is guilty under this section.

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.

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

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

George’s will be prosecuted because mistake of law is not excusable

George liability would depend on the discretion of the court.