GENERAL KNOWLEDGE

GK

RTI ACT 2005

Question [CLICK ON ANY CHOICE TO KNOW THE RIGHT ANSWER]
Is ignorance of law excusable?
A
Yes
B
No
C
Only in the case of young persons, it is excusable
D
Only in the case of foreigners, it is excusable
Explanation: 

Detailed explanation-1: -Law can be statutory, customary, moral or ethical, ecclesiastical, etc. But it is well known that ignorance of any of these laws cannot constitute an excuse. You are not permitted to plead ignorance as a defense to escape the rigors of law.

Detailed explanation-2: -"20(2) A person who acts without knowing that his acts are not permitted by law shall not be punished, if there is adequate reason for his ignorance."

Detailed explanation-3: -A Mistake of Fact and not A Mistake of Law if a person says, I do not know the law and does the act, it is not excusable. However, if a person did a wrongful act by mistake of fact with a good intention and honest belief that he was bound to do, he may be excused.

Detailed explanation-4: -Mens rea means having culpable (guilty) state of mind wherein the doer of the act is having knowledge of unlawfulness and is prohibited by law. Whereas, in the scenario where doer is ignorant of law, he lacks the knowledge of the law as well as absence of mental state. Thus, ignorance of law cannot lead to mens rea.

Detailed explanation-5: -Ignorantia facti excusat is a Latin maxim means ignorance of a fact or mistake of a fact is an excuse. It is applicable to civil as well as criminal jurisprudence. It says that ignorance will be considered as an excuse if a person charged with an offence can claim that he/she is unaware of the fact.

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