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

Legal Concepts Legal Maxim

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.

Explanation:

In this case it is a mistake of law.
Even though it is difficult that George could not educate himself as to the nature of law owing to the short time of the law being in force,
it is still a citizen’s responsibility to be compliant of the law.
A mistake of law being no excuse George will be guilty.