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Ignorance juris non−excusat: Definition and Meaning
Blackstone's Commentaries, where it is said that "frequently an error in point of law, which every person of discernment not only ‘may’ but is bound and supposed to know, is in criminal cases no form of defense, is where the maxim first appears in English law, can be traced as the source of the adage. The dictum "Ignorantia juris, quod quisque teneture scire, neminem excusat" is applicable to both Roman and contemporary law.
What is Ignorance juris non−excusat?
It is a Latin proverb that reads, "Ignorance of fact may be excused, but ignorance of law may not." Everyone should be familiar with their country's legal system. He is unable to claim ignorance of it. As long as he is present in the nation, everyone, including visitors, must comply with its laws. This adage is frequently used in criminal law.
Illustration
Murder occurs when someone kills a person who has been declared illegal or excommunicated anywhere they encounter him. But if a guy accidentally kills a member of his family while attempting to kill a thief or a burglar in his own home, no criminal action should be taken because this will be viewed as an error of fact.
Statutory Provisions
A straightforward reading of Sections 76 and 79 of the Indian Penal Code of 1860—paying particular attention to the phrase "who by an error of fact and not by an error of law believes in good faith"—shows us that the protection of the sections only applies to the error of fact, not the mistake of law. This is founded on the common law dictum Ignorantia Facti doth Excusat, Ignorantia Juris non Excusat, or Ignorance of the facts is an excuse, but Ignorance of the law is not.
Case Laws
In Motilal Padampat Mills Ltd. v. State of Uttar Pradesh, reported in 1979, 118 ITR 326 (SC), the Hon. Supreme Court took the maxim into consideration. The Honorable Court noted the following:
"Remember that not everyone is assumed to be knowledgeable about the law. Everyone is supposedly assumed to know the law; however, that is untrue because the law is not aware of such a maxim.
Thus, the law has been explained by the Hon. Court in very unambiguous terms. There's no place for uncertainty. The judges in a case determined by the Hon. Supreme Court publicly acknowledged that they had never heard of the legislation that was allegedly broken by an illiterate person. As a result, the Hon court cleared the accused of breaking such statute. India did not use the maxim in a straightforward manner.
Conclusion
Ignorance of the law is not an excuse for breaking it, according to the adage Ignorantia Juris Non Excusat, which warns that those who break the law will be held accountable whether or not they are aware of the rules that either authorize or forbid their potentially illegal action. This adage does not, however, hold that everyone should be familiar with all applicable laws. Instead, it is the common good that makes it possible for justice to be administered effectively.
Frequently Asked Questions
Q: Who said ignorance of law is no excuse?
Ans: According to Thomas Jefferson, "Ignorance of the law is no defense in any nation.” If that were the case, laws would no longer be effective because pretending is always an option.
Q: Is ignorance of law a no excuse in Indian law?
Ans: According to this theory, a person's ignorance of the law is an acceptable defense if their ignorance was not caused by their own fault. The degree of guilt in the ignorance determines the importability of an ignorance−based offence.
Q: Can ignorance of law be excused?
Ans: Ignorance of the law is no defense for breaking it, as the Latin proverb "Ignorantia juris neminem excusat" states. One of jurisprudence's fundamental tenets is this.
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