Principle: Ignorance of Fact is excused but ignorance of law is no exc...
(c) X can be prosecuted because ignorance of law is not excusable
X can be prosecuted because he was ignorant about the new notification that was passed and the law says that ignorance of law is non-excusable.
Principle: Ignorance of Fact is excused but ignorance of law is no exc...
Ignorance of Fact vs Ignorance of Law
- The principle states that ignorance of fact is excusable, but ignorance of law is not.
- Ignorance of fact refers to a lack of knowledge or awareness about a certain situation or circumstance.
- Ignorance of law refers to a lack of knowledge or awareness about the legal requirements or obligations that apply in a given situation.
Explanation of the Facts
- X was a passenger on a Swiss plane traveling from Zurich to Manila.
- When the plane landed at the Airport of Bombay on 28th Nov. 1962, it was discovered during a search that X was carrying 34 kg of gold bars on his person.
- X had not declared the gold bars in the manifest for transit.
- On 26th Nov. 1962, the Government of India had issued a notification modifying its earlier exemption, making it mandatory for gold to be declared in the manifest of the aircraft.
Analysis and Conclusion
- In this case, X's lack of knowledge about the new notification issued by the Government of India does not excuse him from prosecution.
- X's ignorance of the fact that the notification was issued two days prior may be considered excusable.
- However, X's ignorance of the law is not excusable.
- The principle clearly states that ignorance of law is not a valid defense.
- Therefore, X can be prosecuted for not declaring the gold bars in the manifest, as it is mandatory under the law.
Liability of X
- X's liability would depend on the discretion of the court.
- The court would consider the facts of the case and apply the principle that ignorance of law is not an excuse.
- X's lack of knowledge about the new notification may be taken into account as a mitigating factor, but it does not absolve him of his legal obligation to declare the gold bars.
- Ultimately, the court will determine the appropriate punishment or penalty for X's failure to comply with the law.
In summary, X can be prosecuted for not declaring the gold bars in the manifest, even if he was unaware of the new notification issued by the Government of India. Ignorance of fact may be excusable, but ignorance of law is not. The court will decide X's liability based on the circumstances of the case and the principle that ignorance of law is not a valid defense.